Felony Conviction Divorce Lawyer in Colonial Heights, Virginia
Under Va. Code § 20-91, a felony conviction with imprisonment for one year or more is a fault ground for divorce in Virginia. Law Offices Of SRIS, P.C. has extensive criminal defense experience and handles felony conviction divorce cases in Colonial Heights, Virginia. Call (888) 437-7747 for a consultation by appointment.
Virginia’s Felony Conviction Divorce Statute
Virginia law provides that a felony conviction resulting in imprisonment for one year or more constitutes a fault ground for divorce under Va. Code § 20-91(A)(3). This ground allows the innocent spouse to file for divorce without waiting for the mandatory separation period required in no-fault divorces. The conviction must be for a felony under Virginia law or an equivalent offense in another jurisdiction. The imprisonment must be for at least one continuous year. The spouse seeking the divorce must not have condoned the criminal conduct or voluntarily cohabited with the convicted spouse after learning of the conviction. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly — official site
Official Legal References
Local Procedural Insights for Colonial Heights
In Colonial Heights Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. The court requires clear evidence of the conviction and the duration of imprisonment. A certified copy of the conviction order is essential. The innocent spouse must demonstrate they did not condone the criminal conduct.
- Obtain a certified copy of the felony conviction order from the sentencing court.
- Verify the imprisonment period meets the one-year minimum requirement.
- Gather evidence showing you did not condone the criminal conduct or cohabit after learning of the conviction.
- File a complaint for divorce at Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834.
- Serve the complaint on your spouse and attend the final hearing.
Legal Consequences of Felony Conviction Divorce in Colonial Heights
In Colonial Heights, a felony conviction divorce under Va. Code § 20-91(A)(3) allows the innocent spouse to obtain a divorce without a waiting period, but the convicted spouse may face significant financial and custodial consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault Ground for Divorce | 1+ year imprisonment (required) | N/A (criminal penalty separate) | Potential loss of professional licenses | Loss of spousal support; potential loss of parental rights; negative impact on property division |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Felony Conviction Divorce
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. This unique legislative experience gives our firm an insider’s understanding of Virginia family law that no other firm can match.
Your Lead Attorney
Our Track Record
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights, with a favorable outcome in all reported instances. Firm-wide, we have 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our Location and Service Area
Our location in Richmond is approximately 20 miles from Colonial Heights Circuit Court, with access via I-95 and Route 144 (Temple Avenue). We serve as a felony conviction divorce lawyer near Colonial Heights. Serving the communities of Colonial Heights, Swift Creek, and the Petersburg border. 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 About Felony Conviction Divorce in Colonial Heights
How long does a divorce take in Colonial Heights (City), Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Colonial Heights (City) Juvenile & Domestic Relations District Court (custody/support/protective orders) and Colonial Heights (City) 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. Under Va. Code § 20-91, a felony conviction divorce has no waiting period.
How much does a divorce cost in Colonial Heights, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs approximately $12, while a private process server costs $50-$100. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party). Cases are filed at Colonial Heights 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). Colonial Heights Circuit Court (550 Boulevard, Colonial Heights, VA 23834) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody in Colonial Heights 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. Colonial Heights J&DR Court handles standalone custody. Colonial Heights Circuit Court handles custody within divorce cases.
What are the grounds for divorce in Virginia?
No-fault grounds include 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction (1+ year imprisonment). Filed at Colonial Heights Circuit Court. Under Va. Code § 20-91, a felony conviction divorce has no waiting period.
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 verified: April 2026 | Page generated: 2026-04-30
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