Felony Conviction Divorce Lawyer James City County — Protecting Your Rights
A felony conviction can significantly impact your divorce case in James City County, affecting child custody, property division, and spousal support. Under Va. Code § 20-91, a felony conviction with one or more years of imprisonment is a fault ground for divorce. A felony conviction divorce lawyer from Law Offices Of SRIS, P.C.
Last verified: April 2026 | Williamsburg/James City County GDC | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Virginia law treats a felony conviction as a fault ground for divorce. This means your spouse can file for divorce immediately if you have been convicted of a felony and sentenced to confinement for one year or more. The case is heard in James City County Circuit Court. A felony conviction divorce lawyer is critical to challenge the impact of the conviction on related matters like custody, where the court must consider the conviction under the “best interests of the child” factors in Va. Code § 20-124.3.
For official Virginia statutes, refer to the Virginia Code § 20-91 (official Virginia General Assembly). Court filings are processed at the Williamsburg/James City County General District Court.
- Consult a felony conviction divorce lawyer immediately to understand how the conviction affects your case.
- Gather all sentencing and release documents related to the felony conviction.
- Prepare evidence of rehabilitation, such as completion of programs, steady employment, and character references.
- File responsive pleadings in James City County Circuit Court addressing the divorce and related claims.
- Negotiate or litigate custody and property issues with a strategy to minimize the conviction’s negative impact.
- Attend all court hearings as required at 5201 Monticello Ave, Suite 4, Williamsburg.
How a Felony Conviction Affects Your Divorce Case
In James City County, a felony conviction can be used as grounds for divorce and heavily influences child custody determinations, potentially affecting visitation and decision-making rights.
| Legal Issue | Potential Impact of Felony Conviction | Governing Law |
|---|---|---|
| Divorce Grounds | Fault ground for divorce (Va. Code § 20-91) | Va. Code § 20-91 |
| Child Custody | Court must consider conviction under “best interests” factors; may restrict custody. | Va. Code § 20-124.3 |
| Property Division | Generally not a direct factor in equitable distribution under Va. Code § 20-107.3. | Va. Code § 20-107.3 |
| Spousal Support | Conviction may be considered under “circumstances contributing to dissolution.” | Va. Code § 20-107.1 |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our James City County Felony Conviction Divorce Lawyers
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 cases. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep legislative insight. For your case, you need a criminal conviction divorce lawyer with specific experience. Attorney Samantha Powers, our primary Virginia family law attorney, collaborates with Mr. Sris, whose background as a former prosecutor provides a strategic advantage in cases involving criminal records.
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
In James City County, our firm has a documented record of favorable outcomes. While specific results depend on unique case facts, our approach is case-specific to each client’s situation. We work to present evidence of rehabilitation and stability to the court to protect your parental rights and financial future. Mr. Sris, with his former prosecutor background and role in amending Virginia family law, provides invaluable strategic oversight on these complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Felony Conviction Divorce Lawyer Near James City County
Our Richmond location serves clients in James City County and the greater Williamsburg area. We are accessible via I-64 and Route 60. We serve the communities of Williamsburg, Norge, Toano, and Lightfoot.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
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 James City County
Can my spouse get a divorce because of my felony conviction?
Yes. Under Va. Code § 20-91, a felony conviction where you are sentenced to confinement for one year or more is a fault ground for divorce in Virginia. Your spouse can file immediately without a separation period.
Will I lose custody of my children because of a felony conviction?
It depends. The court must consider the conviction under the “best interests of the child” factors (Va. Code § 20-124.3). It does not automatically mean loss of custody. A divorce after felony lawyer James City County can present evidence of rehabilitation, current stability, and your positive relationship with the child to argue for custody or visitation rights.
How does a felony conviction affect property division?
Generally, a felony conviction is not a direct factor in equitable distribution under Va. Code § 20-107.3. Marital property is divided based on fairness, not fault. However, if marital assets were used for legal fees or fines, that could be considered.
What should I do first if facing a divorce after a conviction?
Contact a felony conviction divorce lawyer immediately. Gather all court documents related to your conviction and release. Start collecting evidence of rehabilitation, such as completion of probation, counseling, employment records, and character references.
Can I get spousal support if my spouse has a felony conviction?
It depends. A court may consider the circumstances skilled to the conviction when awarding spousal support under Va. Code § 20-107.1. If the conviction and related behavior contributed to the marriage’s breakdown, it might affect the support award.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in James City County and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.