Felony Conviction Divorce Lawyer Poquoson — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring imprisonment for one year or more. This adds significant complexity to property division, custody, and support matters in Poquoson. As a felony conviction divorce lawyer Poquoson, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Poquoson General District Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Under Virginia law, a felony conviction can serve as a fault ground for divorce. Specifically, Va. Code § 20-91(A)(iv) allows a spouse to file for divorce if the other spouse has been convicted of a felony and sentenced to confinement for more than one year, provided the confinement has actually begun. This is distinct from no-fault separation grounds and can impact the court’s decisions on alimony, equitable distribution, and even child custody. The process is handled by the Poquoson Circuit Court at 500 City Hall Avenue.
Mr. Sris, the firm’s founder and a former prosecutor, brings a unique understanding of how criminal and family law intersect. His background is critical when a divorce after felony lawyer Poquoson is needed to address the compounded legal challenges.
Official Legal Resources
For the official text of Virginia’s divorce statutes, refer to the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). For local court procedures, visit the Poquoson General District Court website.
- Gather Documentation: Obtain certified copies of the felony conviction order and sentencing documents.
- File the Complaint: File a Complaint for Divorce in Poquoson Circuit Court, citing the felony conviction ground under Va. Code § 20-91.
- Serve Your Spouse: Ensure proper legal service of the divorce papers is completed.
- Address Related Issues: Be prepared to litigate or negotiate related matters like property division, spousal support, and child custody, which are influenced by the fault finding.
- Attend Hearings: Participate in all scheduled court hearings, including any pendente lite (temporary) hearings for support.
- Final Decree: Obtain the final divorce decree from the court, which will state the grounds.
Potential Impacts of a Felony on Divorce Outcomes
In Poquoson, a felony conviction can significantly affect spousal support awards and the equitable division of marital property, as the court may consider marital misconduct.
| Legal Issue | Potential Impact of Felony Conviction |
|---|---|
| Spousal Support | The court may deny or reduce support to the convicted spouse based on fault. |
| Equitable Distribution | Marital misconduct, including a felony, can be a factor in dividing assets. |
| Child Custody | The conviction is evaluated under the “best interests of the child” standard, potentially limiting custody or visitation. |
| Grounds for Divorce | Establishes a fault ground, potentially shortening the timeline compared to a one-year separation. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, we understand the intricate overlap between criminal convictions and family law. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating deep legislative knowledge. For a divorce after a felony, you need a criminal conviction divorce lawyer Poquoson who can handle both legal arenas effectively.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes in family law across Virginia. In Poquoson, we have achieved results for clients facing complex divorces. Mr. Sris, the managing attorney and a former prosecutor with a background in accounting, provides strategic oversight on cases involving financial details often present when a felony conviction is involved.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at the Poquoson courts (500 City Hall Avenue). We provide representation for individuals in Poquoson and surrounding communities.
Felony Conviction Divorce FAQs
Can a felony conviction be grounds for divorce in Virginia?
Yes. Under Va. Code § 20-91, a felony conviction with a sentence of more than one year of confinement, where confinement has begun, is a specific fault ground for divorce.
How does a felony affect child custody in a Poquoson divorce?
It depends. The court’s sole focus is the child’s best interests under Va. Code § 20-124.3. A felony conviction, especially for a violent or child-related crime, is a significant factor the judge will consider when determining custody and visitation arrangements.
Will I get less spousal support if my divorce is due to my felony?
Yes, it is possible. Virginia law allows courts to consider the grounds for divorce, including marital misconduct like a felony conviction, when deciding whether to award spousal support and in what amount.
Do I need a special lawyer for a divorce based on a felony?
It is highly advisable. A felony conviction divorce lawyer Poquoson with experience in both family and criminal law, like our firm, can effectively manage the unique procedural and strategic challenges these cases present.
What is the process for filing a divorce on felony grounds in Poquoson?
The process involves filing a Complaint for Divorce in Poquoson Circuit Court, citing the specific statute, serving your spouse, and proving the conviction and sentence with certified documents. The case then proceeds like other contested divorces.
Contact a Felony Conviction Divorce Lawyer Poquoson Today
If you are facing a divorce involving a felony conviction, the legal stakes are high. Contact a skilled felony conviction divorce lawyer Poquoson at Law Offices Of SRIS, P.C. for a confidential consultation. We will assess your case and develop a strategy to protect your future.
Internal Resources: Learn more about our Virginia family law services. For related legal needs, see our pages for Poquoson criminal defense and Poquoson DUI defense.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.