Chesapeake Felony Conviction Divorce Lawyer — How Does a Criminal Record Affect Your Case?
A felony conviction can significantly impact divorce proceedings in Chesapeake, Virginia, serving as a fault ground for divorce under Va. Code § 20-91 and influencing custody, support, and property division. A felony conviction divorce lawyer Chesapeake from Law Offices Of SRIS, P.C. provides essential defense for your parental and financial rights.
Last verified: April 2026 | Chesapeake Circuit Court | Virginia General Assembly
Virginia Law on Divorce After a Felony Conviction
In Virginia, a felony conviction is a statutory fault ground for divorce. Under Va. Code § 20-91(A)(iv), a spouse may file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the sentence has been served or is being served. This is distinct from no-fault separation grounds. The conviction must be final, with appeals exhausted. This fault ground can affect the court’s decisions on alimony, equitable distribution, and child custody, as the judge considers marital misconduct under Va. Code § 20-107.3.
Official Legal Resources
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly website (Va. Code Title 20, Chapter 6). For local court procedures and forms, refer to the Chesapeake Circuit Court official website.
Local Court Process for Divorce After a Felony
In Chesapeake Circuit Court, filing for divorce on felony grounds requires specific pleadings and proof. The process is more adversarial than an uncontested, no-fault divorce. You must file a Complaint for Divorce stating the felony conviction ground and attach a certified copy of the final conviction order. The case will proceed through discovery, potential motions, and possibly a trial. Chesapeake judges scrutinize the connection between the criminal conduct and the marriage’s breakdown.
- Gather certified documentation of the final felony conviction and sentencing order.
- File a Complaint for Divorce citing Va. Code § 20-91(A)(iv) at the Chesapeake Circuit Court Clerk’s Office.
- Serve the divorce papers on your spouse through a sheriff or process server.
- Engage in discovery, which may include depositions and requests for documents related to the criminal case and its impact.
- Attend any pendente lite hearings for temporary custody, support, or visitation.
- Prepare for and attend a final hearing or trial where the judge will rule on all divorce issues.
Potential Consequences in Your Divorce Case
In Chesapeake, a felony conviction can affect spousal support, property division, and, most significantly, child custody and visitation arrangements under Virginia’s best interest standards.
| Divorce Issue | Potential Impact of Felony Conviction | Governing Law |
|---|---|---|
| Spousal Support | May be reduced or denied to the convicted spouse; may be awarded to the innocent spouse. | Va. Code § 20-107.1 |
| Equitable Distribution | Marital misconduct, including felony conduct, is a factor a judge may consider. | Va. Code § 20-107.3 |
| Child Custody/Visitation | Primary factor; court must assess child’s safety, convicted parent’s fitness, and nature of the crime. | Va. Code § 20-124.3 |
| Grounds for Divorce | Establishes fault ground, eliminating mandatory separation period. | Va. Code § 20-91 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Chesapeake Divorce Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep legislative insight. Our firm has a documented record of 6 case results in Chesapeake. We understand how to defend your parental rights and financial interests when a criminal record is a factor in your divorce.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results and Client Advocacy
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake. Our approach in cases involving a criminal conviction divorce lawyer Chesapeake context focuses on isolating the divorce issues from the criminal matter, advocating for fair property division, and developing strong parenting plans that address the court’s safety concerns. Results may vary. Prior results do not guarantee a similar outcome.
Our team, including Mr. Sris who brings his background as a former prosecutor and his unique experience amending Virginia family law, works to protect your future.
Contact Our Chesapeake Felony Conviction Divorce Lawyers
Our Richmond location serves clients in Chesapeake and the surrounding communities of Deep Creek, Great Bridge, and Greenbrier. We are accessible via I-64 and other major highways.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Divorce After a Felony Conviction in Chesapeake
Can my spouse get a divorce in Virginia because of my felony conviction?
Yes. Under Va. Code § 20-91(A)(iv), a felony conviction with a sentence of more than one year is a specific fault ground for divorce in Virginia, eliminating any required separation period.
Will I lose custody of my children because of a felony conviction?
It depends. The court’s sole focus is the child’s best interest under Va. Code § 20-124.3. A felony conviction is a major factor, but the nature of the crime, its relation to parenting, time since conviction, and evidence of rehabilitation are all considered. A criminal conviction divorce lawyer Chesapeake can present evidence to support your parental fitness.
How does a felony affect property division in a Virginia divorce?
Virginia is an equitable distribution state. Under Va. Code § 20-107.3, a judge may consider the circumstances and factors that contributed to the marriage’s dissolution, which can include marital misconduct like a felony. It is one of eleven factors and does not guarantee an unequal division.
What if my felony conviction is from another state?
It depends. A felony conviction from another state can still serve as grounds for divorce in Virginia if it meets the statutory definition (felony, sentence >1 year). The Chesapeake Circuit Court will require a certified copy of the foreign conviction order. The impact on custody and support will be evaluated similarly to an in-state conviction.
Should I file for divorce first if I am the one with the felony record?
It depends on your strategic goals. Filing first allows you to set the initial tone of the case and choose the grounds. However, in fault-based divorces, the respondent can file a counterclaim. Consulting with a felony conviction divorce lawyer Chesapeake before filing is critical to assess the advantages for your specific situation.
For more information, see our Virginia Family Law hub page. We also assist with Chesapeake criminal defense and DUI cases.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.