Under Va. Code § 20-91, a felony conviction with imprisonment for one year or more constitutes grounds for divorce in Virginia. Law Offices Of SRIS, P.C. has extensive criminal defense experience in New Kent County, Virginia, and can guide you through the process of filing for divorce based on a felony conviction. Call (888) 437-7747 for a consultation by appointment.
Felony Conviction Divorce Lawyer in New Kent County, Virginia
Virginia law under Va. Code § 20-91 provides that a felony conviction with imprisonment for one year or more is a fault ground for divorce. This means that if your spouse has been convicted of a felony and has served at least one year of imprisonment, you may file for divorce without waiting for the standard separation period. The divorce is heard at New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | New Kent 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 information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In New Kent County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. The court requires certified copies of the felony conviction judgment and proof of imprisonment.
- Consult with a Felony Conviction Divorce Lawyer New Kent County to evaluate your case.
- Obtain certified copies of the felony conviction judgment from the convicting court.
- Gather proof of one year or more of imprisonment served.
- File a complaint for divorce at New Kent County Circuit Court.
- Serve the complaint on your spouse via sheriff or private process server.
- Attend all court hearings and obtain the final decree of divorce.
In New Kent County, Virginia, a divorce based on felony conviction under Va. Code § 20-91 carries no additional penalties beyond the divorce itself, but the court will address equitable distribution, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault Ground | 1+ year imprisonment required | N/A | N/A | Equitable distribution, spousal support, child custody determined by court |
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 extensive criminal defense experience in New Kent County, with 11 documented case results across all practice areas.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. The firm has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 30 miles from New Kent County Circuit Court, with access via I-64 and Route 33. If you need a Felony Conviction Divorce Lawyer New Kent County, we are here to help. Serving the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond 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 New Kent County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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 divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution… High-asset or international-element cases can extend longer. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in New Kent 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 Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at New Kent 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). New Kent County Circuit Court (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in New Kent County, Virginia?
Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases. 11 total documented case results across all practice areas (favorable outcome in all reported instances).
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 New Kent County Circuit Court. 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.
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.
For more information, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also be interested in our Family Law Lawyer Albemarle County or Family Law Lawyer Arlington County pages. For related practice areas, see Real Estate Litigation Lawyer New Kent County and Landlord Tenant Lawyer New Kent County.
Page Last verified: April 2026. Content reviewed for accuracy and compliance with Virginia law.