Felony Conviction Divorce Lawyer New Kent County — Protecting Your Rights
A felony conviction can be grounds for divorce in Virginia under Va. Code § 20-91 and significantly impact custody, support, and property division. A felony conviction divorce lawyer New Kent County from Law Offices Of SRIS, P.C. provides essential defense for your parental and financial rights. Our firm has documented results in New Kent County Circuit Court. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Divorce Law and Felony Convictions in Virginia
Virginia law provides specific fault-based grounds for divorce, including a spouse’s felony conviction and subsequent imprisonment for one year or more after the marriage, as defined in Va. Code § 20-91. This is distinct from no-fault separation. When a felony conviction is cited, it becomes a central issue affecting every aspect of the case, from equitable distribution of assets under Va. Code § 20-107.3 to determinations of child custody and spousal support. The court’s perception of a parent’s fitness and stability is paramount.
How a Felony Conviction Impacts Your New Kent County Divorce
The procedural path in New Kent County Circuit Court changes when a felony is involved. The conviction itself can be used as evidence of fault, potentially influencing the judge’s decisions on financial awards and parenting arrangements. Prosecutors and opposing counsel may argue the conviction demonstrates poor judgment or an inability to provide a stable environment.
- Case Assessment & Strategy: Immediately consult with a felony conviction divorce lawyer to analyze the conviction’s direct impact on custody, support, and asset division.
- Gather Rehabilitation Evidence: Compile proof of completed programs, steady employment, stable housing, and positive character references to counter negative inferences.
- File Responsive Pleadings: Your attorney will file an answer in New Kent County Circuit Court, addressing the felony ground and asserting your positions on related issues.
- Negotiate or Litigate: Work towards a settlement that protects your parental rights and fair share of assets. If necessary, prepare for a contested hearing where your lawyer will present evidence of your fitness.
- Post-Decree Compliance: Ensure all court orders for support, visitation, or property transfer are followed precisely to avoid contempt allegations.
Potential Consequences in a Divorce After Felony
In New Kent County, a divorce citing a felony conviction can lead to unfavorable custody rulings, reduced parenting time, and impacted financial settlements if not defended strategically.
| Issue | Potential Impact of a Felony Conviction | Strategic Defense Focus |
|---|---|---|
| Child Custody (Va. Code § 20-124.3) | Court may question parental fitness, potentially awarding primary custody to the other parent with supervised visitation. | Demonstrate current stability, rehabilitation, and active, positive involvement in the child’s life. |
| Equitable Distribution (Va. Code § 20-107.3) | Conviction may be argued as “negative non-monetary contribution,” affecting the share of marital assets. | Highlight other contributions to the marriage and separate property claims. |
| Spousal Support (Va. Code § 20-107.1) | Fault ground can bar support for the convicted spouse or reduce the amount/duration they receive. | Argue need-based factors and the other party’s ability to pay. |
| Parenting Time & Decision-Making | Restrictions may be placed on visitation or legal decision-making authority. | Propose a detailed, structured parenting plan that ensures child safety and continued relationship. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Divorce After a Felony Conviction
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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team deep, insider knowledge of the law your case depends on. We understand that a past mistake does not define your future or your relationship with your children. Our approach is to build a strong, fact-based defense focused on your current life and your family’s best interests.
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
Our firm has a documented record of favorable outcomes across Virginia. In New Kent County, we have achieved results protecting clients’ rights in difficult family law situations. We focus on presenting evidence of rehabilitation, stability, and positive parental involvement to counter the challenges posed by a criminal record.
Results may vary. Prior results do not guarantee a similar outcome.
Local Legal Support for New Kent County
Our Richmond location serves clients at the New Kent County courts. We are accessible via I-64 and Route 33. If you need a divorce after felony lawyer New Kent County, we provide 24/7 phone consultations.
Law Offices Of SRIS, P.C. — Richmond
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.
Serving: New Kent, Providence Forge, Quinton.
FAQs: Divorce and Felony Convictions in New Kent County
Can my spouse get a divorce in Virginia because of my felony conviction?
Yes. Under Va. Code § 20-91, a felony conviction and imprisonment for one year or more after marriage is a specific fault ground for divorce in Virginia.
Will I lose custody of my children because of a past felony?
It depends. The court focuses on the child’s best interests under Va. Code § 20-124.3. A past felony is a factor, but evidence of rehabilitation, current stability, and a strong parent-child relationship are critical to retaining custody or significant visitation.
How does a felony affect property division in a divorce?
A felony conviction can be argued as a “negative non-monetary contribution” to the marriage under Va. Code § 20-107.3, potentially reducing your share of marital assets. A strong defense highlighting other contributions and separate property is essential.
What should I do first if my spouse files for divorce citing my felony?
Contact a criminal conviction divorce lawyer New Kent County immediately. Do not discuss the case with your spouse. Begin gathering evidence of your rehabilitation, employment, housing, and positive involvement in your children’s lives to build your defense.
Can I get spousal support if I have a felony conviction?
It depends. Fault, including a felony conviction, is a factor under Va. Code § 20-107.1 and can bar or reduce support. The court also considers need, length of marriage, and each party’s financial circumstances.
For more information, see our Virginia Family Law hub. We also assist with criminal defense in New Kent County and DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.