Felony Conviction Divorce Lawyer Poquoson, VA
A felony conviction can have consequences that extend beyond the criminal sentence — it can be grounds for ending a marriage. This page addresses civil divorce proceedings brought by a spouse who seeks to dissolve the marriage based on the other spouse’s felony conviction under Virginia law. It does not address criminal defense of the convicted spouse. If you are considering a divorce in Poquoson, Virginia, because your spouse has been convicted of a felony and sentenced to confinement for more than one year, you have a recognized fault ground under Virginia Code § 20-91(3). Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent spouses in these matters from the firm’s Richmond location. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Felony Conviction Divorce Means in Poquoson, Virginia
Under Virginia law, a spouse may file for divorce from the bond of matrimony on fault grounds when the other spouse has been convicted of a felony and sentenced to confinement for more than one year. This ground is set out in Virginia Code § 20-91(3) and does not require a separation period — unlike the no-fault grounds under § 20-91(9). In Poquoson, these divorce actions are heard in the Poquoson Circuit Court at 500 City Hall Avenue, Poquoson, VA 23662, which has exclusive original jurisdiction over all suits for divorce under Virginia Code § 20-96. The court is part of the Eighth Judicial District and is currently presided over by the Honorable Selena Stellute Glenn.
Poquoson is an independent city on the Chesapeake Bay, bordering York County and near Langley Air Force Base. Its small size means the local court processes family law matters on a calendar that reflects the community’s scale. Because a felony-conviction divorce is a fault-based ground, the filing spouse does not need to wait through a six-month or one-year separation period before filing. The conviction itself — provided it is for a felony and the sentence includes confinement exceeding one year — supplies the statutory ground. The court will also address equitable distribution of marital property under Virginia Code § 20-107.3, child custody under the trusted-interests factors of § 20-124.3, child support under § 20-108.1, and spousal support under § 20-107.1. Our Richmond Location at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 serves Poquoson clients by appointment.
How Mr. Sris and His Of Counsel Handle Felony Conviction Divorce Cases
When a spouse decides to pursue a divorce based on the other spouse’s felony conviction, the process begins with filing a complaint in the Poquoson Circuit Court. The complaint must plead the conviction as a fault ground and include the facts that satisfy § 20-91(3) — namely, that the defendant spouse has been convicted of a felony, has been sentenced to confinement for more than one year, and that the conviction and sentence remain in effect. Mr. Sris and his Of Counsel team prepare the pleadings, gather certified copies of the conviction and sentencing orders, and address the procedural requirements of the Poquoson court.
Because fault-ground divorce does not require a separation period, the case can move forward without the waiting time associated with no-fault divorce. This can be a meaningful consideration for a spouse who needs to conclude the marriage and address property division, custody, and support promptly. The court will also determine equitable distribution — Virginia is an equitable distribution state, not a community property state — and will consider the eleven statutory factors under § 20-107.3. Issues of custody and support are resolved in accordance with the same statutory best-interests and guidelines frameworks that apply to any Virginia divorce. Mr. Sris and his Of Counsel work to present the relevant evidence and advocate for a favorable resolution in each phase of the proceeding.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and has practiced family law for over two decades. He is admitted 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), a bill that revised the equitable distribution statute in Virginia. His experience in trial work informs the firm’s approach to contested divorce matters.
Mr. Sris works alongside a team of Of Counsel attorneys who bring additional experience in family law matters, including property division, custody disputes, and spousal support litigation. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary. The firm serves Poquoson clients from its Richmond location and represents individuals throughout Virginia.
Frequently Asked Questions
How does a felony conviction serve as grounds for divorce in Virginia?
A felony conviction is a fault ground for divorce when the convicted spouse has been sentenced to confinement for more than one year, under Virginia Code § 20-91(3). The filing spouse may seek an absolute divorce without a separation period. The conviction must be a felony, and the sentence must still be in effect. This ground is distinct from no-fault divorce based on separation. The divorce complaint is filed in the Circuit Court, which has exclusive jurisdiction. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I want to divorce my spouse based on a felony conviction in Poquoson?
You should gather the certified conviction and sentencing documents, then speak with a family law attorney to evaluate whether the felony-conviction ground applies to your situation. The Poquoson Circuit Court at 500 City Hall Avenue handles all divorce matters in the city. Because fault grounds do not require a separation period, the case can begin as soon as the complaint is filed and served. Mr. Sris and his Of Counsel can review the conviction record, advise on the procedural steps, and prepare the filings. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Does a felony conviction affect property division in a Virginia divorce?
The conviction itself does not alter the equitable distribution framework, but the circumstances surrounding the offense can be relevant to the court’s analysis under Virginia Code § 20-107.3. Virginia divides marital property equitably, not equally. The court considers eleven factors, including each spouse’s contributions to the marriage and the circumstances that led to its dissolution. A felony conviction with a lengthy sentence may affect practical considerations such as the convicted spouse’s ability to manage property or provide support. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How does child custody work when one parent is convicted of a felony in Virginia?
Custody is determined by the trusted-interests factors in Virginia Code § 20-124.3, and a felony conviction does not automatically result in a loss of custody. The Poquoson Juvenile and Domestic Relations District Court handles standalone custody cases, while custody within a divorce is addressed by the Poquoson Circuit Court. The court evaluates each parent’s circumstances, the child’s relationship with each parent, and any history that may affect the child’s welfare. The felony conviction and its surrounding facts are part of the overall best-interests analysis. To discuss how these issues may apply in your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I use a felony conviction from another state as a ground for divorce in Virginia?
A felony conviction from any jurisdiction may serve as a fault ground under § 20-91(3) as long as it meets the statutory requirement of confinement for more than one year. Virginia courts recognize out-of-state felony convictions for divorce purposes, but the filing spouse must present certified records of the conviction and sentence. The Poquoson Circuit Court will evaluate whether the foreign conviction qualifies under the Virginia statute. Mr. Sris and his Of Counsel can assist with obtaining the necessary documentation and presenting it to the court. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Practice Areas
Fairfax County Family Law · Prince William County Family Law · Manassas Family Law · Fairfax City Family Law
Authoritative Sources
Virginia Code Title 20 — Domestic Relations · Poquoson Circuit Court · 2019 HB 635 — Virginia Legislative Information System
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.