In Chesterfield County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91 when the spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County, including 8 dismissals and 7 reductions, demonstrating a favorable outcome in all reported instances.
Felony Conviction Divorce Lawyer Chesterfield County, Virginia
Under Virginia law, a felony conviction with imprisonment of one year or more constitutes a fault ground for divorce under Va. Code § 20-91(A)(3). This means you may file for divorce immediately without waiting for a separation period, provided your spouse has been convicted of a felony and incarcerated for at least one year. The divorce is filed at Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution rules, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Chesterfield County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce petitions to ensure the conviction is final and the incarceration period meets the one-year threshold. We have observed that the court requires certified copies of the conviction order and proof of continuous imprisonment.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Verify the incarceration period meets the one-year minimum under Va. Code § 20-91(A)(3).
- File the divorce complaint at Chesterfield County Circuit Court, 9500 Courthouse Road.
- Serve the incarcerated spouse through the correctional facility’s legal mail system.
- Attend the uncontested hearing with corroborating witness testimony.
- Receive the final decree of divorce from the court.
In Chesterfield County, Virginia, a felony conviction divorce under Va. Code § 20-91(A)(3) does not carry criminal penalties but affects property division, spousal support, and custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction Divorce (Fault Ground) | Civil — Fault Ground for Divorce | N/A (criminal incarceration already served) | N/A | N/A | Equitable distribution may favor the non-convicted spouse; spousal support may be affected; custody may be impacted if incarceration involved domestic violence or child abuse |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. The firm has 15 documented case results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 15 miles from Chesterfield County Circuit Court, with access via I-95 and Route 10. If you need a Felony Conviction Divorce Lawyer Chesterfield County, we serve the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions
How long does a divorce take in Chesterfield County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months.
Uncontested divorces take 2-6 months; contested divorces take 9-18 months in Chesterfield County.
How much does a divorce cost in Chesterfield County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Cases filed at Chesterfield County General District Court.
Is Virginia a community property state?
No. Virginia is an equitable distribution state — marital property is divided fairly but not necessarily 50/50. The court considers 11 factors under Va. Code § 20-107.3 (personally amended by Mr. Sris). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield County is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role, the child’s relationship with each parent, and any history of abuse. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds: adultery (no waiting period), cruelty, desertion (1 year), felony conviction (1+ year imprisonment). Filed at Chesterfield County Circuit Court.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 (grounds for divorce) to build the strongest possible defense.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
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Last updated: 2026-04-30
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