Felony Conviction Divorce Lawyer York County, VA
If your spouse has been convicted of a felony and is serving a sentence of more than one year, you may have grounds for a fault-based divorce in Virginia without a waiting period. Under Va. Code § 20-91(3), the conviction of a felony and confinement for more than one year is a recognized fault ground for divorce from the bond of matrimony. In York County, the Law Offices Of SRIS, P.C. represents clients who seek to dissolve a marriage under this provision. Our firm’s Richmond location serves York County residents, and Mr. Sris, Owner and Founder, personally oversees the family law practice. To schedule a consultation about a felony-conviction divorce matter, contact us at (888) 437-7747.
What a Felony Conviction Divorce Means in York County, Virginia
Virginia law permits divorce on fault grounds in addition to no‑fault separation. One of those fault grounds arises when a spouse “has been convicted of a felony, sentenced to confinement for more than one year, and confined for such felony subsequent to such conviction.” The filing spouse does not need to complete a six‑month or one‑year separation period; the divorce action can be initiated once the conviction is final and the sentence meets the statutory threshold. This distinguishes a felony‑conviction divorce from a no‑fault divorce, where the parties must live separate and apart for a specified time.
All divorce cases in York County are heard in the York County Circuit Court, located at 300 Ballard Street, Yorktown, VA 23690. The Circuit Court has exclusive original jurisdiction over suits for divorce, while the York County Juvenile and Domestic Relations District Court addresses related matters such as child custody, support, and protective orders if those issues arise during the proceeding. Because a fault ground is invoked, a judge may consider the circumstances of the conviction when making decisions about equitable distribution, spousal support, and custody arrangements. Each case is decided on its own facts. Past results do not guarantee a similar outcome.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
The process begins with an evaluation of the legal basis for a fault divorce. Our attorneys confirm that the conviction is final, that the sentence exceeds one year, and that the parties satisfy Virginia’s six‑month residency requirement. Once the ground is established, a complaint for divorce is filed with the York County Circuit Court. The complaint sets forth the factual allegations, including the fact of conviction, and requests dissolution of the marriage along with any ancillary relief such as property division, spousal support, or custody.
After filing, the spouse who is incarcerated is served with process through the facility. If the incarcerated spouse contests the divorce, the matter proceeds to a hearing where the plaintiff must present certified copies of the judgment and proof of confinement. Mr. Sris and his Of Counsel attend all court appearances and handle negotiations, discovery, and trial preparation. Many cases resolve without a trial when the evidence is clear and the parties reach agreements on collateral issues. The court’s calendar and the complexity of the matter determine the overall timeline.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background informs his approach to family law cases, including those involving complex fact patterns such as a spouse’s felony conviction.
Working alongside Mr. Sris is his Of Counsel team—attorneys engaged through Excella who bring substantial experience in family law. The Of Counsel attorneys assist with case preparation, legal research, and court appearances. Together, Mr. Sris and his Of Counsel handle felony conviction divorce cases in York County courts, guiding clients through the procedural requirements while protecting their interests in property division, support, and child custody.
Frequently Asked Questions
What is a felony conviction divorce in Virginia?
A felony conviction divorce is a fault-based divorce available in Virginia when one spouse has been convicted of a felony and sentenced to confinement for more than one year. Under Va. Code § 20‑91(3), the innocent spouse may file for divorce without waiting for any separation period. The conviction must be final and the sentence must require confinement exceeding one year. This ground is often used in conjunction with other fault grounds, but it stands alone as a sufficient basis to dissolve the marriage. The divorce action is filed in the Circuit Court of the county where either party resides—in York County, that is the York County Circuit Court at 300 Ballard Street, Yorktown.
How do I prove a felony conviction for divorce in York County?
You must present certified copies of the criminal judgment order and documentation confirming that the spouse is serving a sentence of more than one year. The judgment must be a final conviction, not on appeal. Proof of confinement may include records from the correctional facility. If the spouse is incarcerated out of state, additional steps may be necessary to authenticate the out‑of‑state judgment. A family law attorney can help gather the proper documents, draft the complaint, and ensure that service of process is properly effected on the incarcerated spouse.
How does a felony conviction affect property division and spousal support?
A felony conviction can influence the court’s equitable distribution of marital property and its award of spousal support, because the court may consider the circumstances that led to the divorce. Virginia is an equitable distribution state; the court divides marital property based on factors listed in Va. Code § 20‑107.3, including the contributions of each party and the reasons for the dissolution. A spouse’s criminal conduct and incarceration may be weighed against that spouse in the division of assets. Spousal support determinations under § 20‑107.1 can also be affected. The specific impact varies depending on the facts of the case. Past results do not guarantee a similar outcome.
Can I get a divorce based on a felony conviction if my spouse is incarcerated out of state?
Yes, if the conviction meets Virginia’s statutory requirements and you or your spouse satisfy the six‑month domicile and residency requirement, the divorce action may be filed in York County. Out‑of‑state incarceration does not bar the suit, but service of process must comply with the rules for serving a defendant located outside Virginia. This often involves coordinating with the correctional facility or requesting alternative service from the court. An experienced attorney can handle these procedural steps to ensure the case moves forward efficiently.
Do I need to wait a separation period if I use the felony conviction ground?
No, a fault divorce based on felony conviction does not require any period of separation before filing. The no‑fault divorce grounds under Va. Code § 20‑91(9) require the spouses to live separate and apart for six months (with an agreement and no minor children) or one year. When proceeding under the felony conviction fault ground, the divorce can be pursued as soon as the conviction is final and the one‑year confinement requirement is met. This can shorten the overall timeline, though court scheduling and contested issues will still affect how long the case takes.
Our firm also handles family law matters in neighboring localities. Learn about our James City County family law lawyers and Williamsburg family law lawyers.
Primary sources: Virginia Code § 20‑91 (grounds for divorce) and York County Circuit Court.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.