Felony Conviction Divorce Lawyer Henrico County, VA

Last reviewed: July 2026

Your spouse was convicted of a felony and sentenced to prison for more than a year. You have been living in Henrico County, Virginia, and you have decided to move forward with ending the marriage. You are not sure whether you must wait the full one‑year separation period, and you need legal guidance that addresses your immediate situation. Mr. Sris and the firm’s Of Counsel attorneys work with clients facing this exact scenario, pursuing divorce under Virginia’s felony‑conviction fault ground when it serves the client’s interests. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Using the Felony‑Conviction Ground — A Direct Path

Virginia Code § 20‑91(3) provides a fault‑based ground for divorce when a spouse has been sentenced to confinement for more than one year after a felony conviction. When this ground applies, there is no mandatory separation period. The marriage can be dissolved as soon as the court enters the final decree. For a spouse who wants to finalize a divorce without waiting through a year‑long separation, focusing the case on this fault ground can accelerate the timeline. It also affects how the court evaluates spousal support, property division, and, in some situations, custody if the incarcerated parent will be unavailable for an extended period.

No Separation Requirement

Unlike no‑fault divorce, which requires the parties to live separate and apart for six months or one year depending on whether there are minor children and a signed separation agreement, the felony‑conviction ground eliminates that waiting period. Once you can show the conviction and the sentence of more than one year, you may proceed directly. Mr. Sris and the firm’s Of Counsel attorneys handle every phase of the process, from preparing the complaint to presenting the necessary evidence at the final hearing.

What to Expect in a Henrico County Divorce Case

Divorce cases in Henrico County are filed in the Henrico County Circuit Court, located at 4301 East Parham Road, Henrico. The Circuit Court has exclusive jurisdiction over divorce matters, including equitable distribution and spousal support. Custody, visitation, and child support issues that are part of the divorce are handled by the same court; if a separate custody petition is needed, the Henrico County Juvenile and Domestic Relations District Court addresses those matters.

When you pursue a divorce on the felony‑conviction ground, you will file a complaint that states the ground and attaches a certified copy of the conviction order. The complaint must also address property division, support, and custody if applicable. Mr. Sris and the firm’s Of Counsel attorneys prepare all necessary pleadings, work with you to assemble the required documentation, and appear at any hearings the court schedules. Because the ground is fault‑based, the mandatory corroboration rule for uncontested divorces — requiring a witness other than the parties — still applies, and you will need at least one corroborating witness who can confirm the essential facts of the marriage and the spouse’s incarceration.

Penalties, Property, and Support — A Narrative Overview

Using the felony‑conviction ground can influence financial and custody outcomes. The court’s equitable distribution analysis under Virginia Code § 20‑107.3 considers the circumstances that led to the dissolution of the marriage. A conviction and long‑term incarceration may weigh in favor of the innocent spouse when the court divides assets and debts. Similarly, spousal support determinations under § 20‑107.1 factor in the relative fault of the parties; a spouse whose criminal conduct caused the breakup may be treated differently than one who was simply incompatible.

If children are involved, the trusted‑interest factors under § 20‑124.3 will include an evaluation of the incarcerated parent’s ability to maintain a relationship and provide care. In many felony‑conviction divorce cases, the non‑incarcerated parent seeks sole legal and physical custody, at least until the other parent is released. The court addresses child support under the Virginia guidelines, although an incarcerated parent’s ability to pay is often limited, and support may be reserved or set at a minimal amount until earnings resume.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced across Virginia since 1997. He appears in Henrico County Circuit Court on family law matters, including divorce cases involving felony‑conviction grounds. Working alongside him, the firm’s Of Counsel attorneys bring considerable combined legal experience to each case. The firm’s Richmond location serves clients throughout Henrico County and the surrounding communities of Glen Allen, Short Pump, Tuckahoe, Highland Springs, and Mechanicsville.

No divorce lawyer can guarantee a specific result. The process and the outcome depend on the unique facts of each situation. Mr. Sris and the firm’s Of Counsel attorneys pursue favorable resolutions by preparing thoroughly and advocating clearly, drawing on decades of trial experience in Virginia courts.

Frequently Asked Questions

Can I get a divorce in Virginia if my spouse is in prison for a felony?

Yes, a person can file for divorce in Virginia on the fault ground of felony conviction with imprisonment for more than one year. Virginia Code § 20‑91(3) specifically permits an absolute divorce when one spouse has been sentenced to confinement for more than one year after a felony conviction. This ground eliminates the need to wait through the usual separation period and allows the divorce to move forward as soon as the court enters a final decree. The spouse filing the complaint must provide the conviction order, and the court will still require at least one corroborating witness at the final hearing. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

What is the process for a felony conviction divorce in Henrico County?

You file a complaint in Henrico County Circuit Court that cites the felony‑conviction ground and attaches the conviction order. The complaint is served on the incarcerated spouse, usually through the sheriff’s office or a private process server, because personal service is still required even when the spouse is in prison. After the incarcerated spouse files an answer or the time to respond expires, the case proceeds to a final hearing. At the hearing, the court will review the conviction evidence and any agreements on property, support, and custody. Mr. Sris and the firm’s Of Counsel attorneys prepare all required documents and attend the hearing to present the case.

Do I need to wait one year before filing?

No, you do not need to wait through a separation period if you are using the felony‑conviction ground. One‑year separation is only required for a no‑fault divorce under § 20‑91(9)(a). When you rely on the fault ground of felony conviction, the divorce can be granted as soon as the court holds the final hearing and enters the decree. The main requirement is that the spouse has been sentenced to confinement for more than one year, which you prove with the conviction order. To discuss whether this ground is the best fit for your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does a felony conviction affect property division?

A felony conviction resulting in long‑term incarceration can affect the court’s equitable distribution determination. Virginia Code § 20‑107.3 lists eleven factors the court must consider, including the circumstances that contributed to the dissolution of the marriage. When one spouse’s criminal conduct caused the marital breakup, the court may award a larger share of marital property to the innocent spouse. Separate property — assets owned before the marriage or received by gift or inheritance — remains with the original owner. Mr. Sris and the firm’s Of Counsel attorneys can explain how the conviction may impact your specific marital estate.

Will I automatically get custody of our children if my spouse is in prison?

While incarceration is a significant factor, custody is still decided under the trusted‑interests standard. Virginia Code § 20‑124.3 requires the court to consider ten factors, including each parent’s ability to meet the child’s needs. An incarcerated parent typically cannot exercise daily physical custody, so the non‑incarcerated parent often receives sole physical custody. Legal custody — decision‑making authority — may still be shared if the incarcerated parent can communicate and make decisions. The court will craft a visitation plan that accounts for prison restrictions. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Can the incarcerated spouse stop the divorce from happening?

An incarcerated spouse can respond to the divorce complaint, but they cannot prevent the court from granting the divorce if the grounds are proven. Virginia is a no‑fault state that allows divorce even if one party objects, provided the statutory requirements are met. The incarcerated spouse may contest property division, support, or custody, but the court can grant the divorce itself once the felony‑conviction ground is established. Mr. Sris and the firm’s Of Counsel attorneys handle contested and uncontested felony‑conviction divorce cases and can protect your interests throughout the proceedings.

For a full statutory breakdown, see our comprehensive analysis.

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.