Virginia Beach Felony Conviction Divorce Lawyer — How Does a Felony Impact Your Divorce?
A felony conviction is a fault ground for divorce in Virginia under Va. Code § 20-91. If your spouse is convicted of a felony and sentenced to confinement for one year or more, you can file for divorce immediately. Law Offices Of SRIS, P.C. has handled divorce cases involving felony convictions in Virginia Beach.
Statutory Definition of Felony Conviction as a Divorce Ground
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction. Under Va. Code § 20-91(A)(3), you may obtain a divorce from bed and board, or from the bonds of matrimony, if your spouse is convicted of a felony and sentenced to confinement for one year or more after the marriage. The conviction must be final, with all appeals exhausted. This statute allows the innocent spouse to seek a divorce without the waiting period required for a no-fault separation.
Last verified: April 2026 | Virginia Beach Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 20-91 (official Virginia General Assembly). All divorce cases in Virginia Beach are filed at the Virginia Beach Circuit Court.
Procedural Edge in Virginia Beach Circuit Court
Virginia Beach Circuit Court handles all divorce, equitable distribution, and spousal support matters. When a divorce is based on a felony conviction, the filing spouse must provide certified documentation of the conviction and sentence. The court will consider the conviction’s impact on equitable distribution and support. For instance, if the convicted spouse’s incarceration limits their income, it affects support calculations and asset division negotiations.
- Gather certified copies of the felony conviction and sentencing order from the court of record.
- File a Complaint for Divorce citing felony conviction under Va. Code § 20-91(A)(3) at the Virginia Beach Circuit Court Clerk’s Office.
- Serve the complaint on your incarcerated spouse through the correctional facility’s legal department or via their attorney of record.
- Prepare for a hearing where you will present the conviction evidence; the court may grant the divorce decree based on the submitted proof.
- Address ancillary matters like property division, child custody, and support through separate agreements or court hearings.
Potential Outcomes and Considerations
In Virginia Beach, a divorce based on a felony conviction can proceed without a separation period, but it requires strict proof and affects financial settlements.
The convicted spouse’s incarceration often complicates property division and support. The court may award a larger share of marital assets to the innocent spouse, especially if the felony involved marital funds or caused financial loss. Child custody is decided separately in the Juvenile and Domestic Relations Court, focusing on the child’s best interests, which may be impacted by a parent’s felony record.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority and Experience
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our firm has a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in Virginia family law. Our felony conviction divorce lawyer Virginia Beach practice leverages this experience to handle cases where criminal and family law intersect.
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 8 total documented case results across all practice areas in Virginia Beach, with a 100% favorable outcome rate. While specific results are confidential, our approach in cases involving a criminal conviction divorce lawyer Virginia Beach clients need includes meticulous evidence review and strategic filing to protect our client’s financial and parental rights. Secondary attorney Mr. Sris, a former prosecutor with a background in accounting, provides valuable insight on cases involving financial crimes or complex asset division.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Felony Conviction Divorce Lawyer Near Me
Our Richmond location serves clients at the Virginia Beach courts (2425 Nimmo Parkway), accessible via I-64 and I-264. We are a felony conviction divorce lawyer Virginia Beach residents can consult, serving Virginia Beach, Sandbridge, and Oceana. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions
Can I get a divorce in Virginia Beach if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of one year or more is a fault ground for divorce under Va. Code § 20-91(A)(3). You can file immediately without a separation period.
Do I need a lawyer for a divorce after a felony conviction in Virginia Beach?
It depends. While you can file pro se, a felony conviction divorce lawyer Virginia Beach relies on can ensure proper service on an incarcerated spouse, certified evidence submission, and protection of your financial interests in asset division and support, which are often complex in these cases.
How does a felony conviction affect child custody in a Virginia Beach divorce?
The Virginia Beach Juvenile and Domestic Relations Court decides custody based on the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for crimes involving violence, abuse, or moral turpitude, is a significant factor the court must consider and may limit the convicted parent’s custody or visitation rights.
What proof do I need for a divorce based on a felony conviction?
You need a certified copy of the final judgment order from the criminal court showing the felony conviction and a sentence of confinement for one year or more. Your criminal conviction divorce lawyer Virginia Beach can help obtain and authenticate these documents for filing with the Circuit Court.
Can I get spousal support if my spouse is in prison for a felony?
It depends. The court considers the convicted spouse’s ability to pay under Va. Code § 20-107.1. If incarceration has eliminated their income, support may not be feasible. However, the court may consider future earning potential upon release or award a larger share of marital assets instead.
Related Legal Information
If you are facing a divorce in Virginia Beach, you may also need information on Virginia family law. For other legal needs in the area, consider a Virginia Beach criminal defense lawyer or a Virginia Beach DUI lawyer. For similar family law help nearby, see our Henrico County divorce lawyer page.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.