Felony Conviction Divorce Lawyer Henrico County — Protecting Your Rights
A felony conviction can be a fault ground for divorce in Virginia under Va. Code § 20-91, requiring a spouse to be imprisoned for one or more years. This adds significant complexity to property division, child custody, and support matters in Henrico County. Law Offices Of SRIS, P.C. provides focused legal representation for individuals handling divorce after a felony conviction.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Divorce After a Felony Conviction in Virginia
Virginia law provides specific fault grounds for divorce, including a spouse’s felony conviction and subsequent imprisonment for one year or more. This is codified in Va. Code § 20-91 (official Virginia General Assembly). When a felony conviction is cited as the ground, it can influence the court’s decisions on equitable distribution of assets, spousal support, and, most critically, child custody and visitation. The Henrico County Circuit Court, located at 4301 East Parham Road, handles all divorce filings. You can find more information on their procedures at the Henrico County Circuit Court website.
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. Mr. Sris personally amended Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in shaping family law.
Strategic Legal Guidance for Divorce After a Felony
handling a divorce after a felony conviction requires a strategy that addresses both the legal grounds for divorce and the collateral consequences of the conviction. In Henrico County, prosecutors and judges may view a felony conviction, especially one involving moral turpitude or violence, as highly relevant to custody determinations under the “best interests of the child” standard (Va. Code § 20-124.3).
- Case Evaluation: We review the specifics of your conviction, sentence, and incarceration status to determine its impact on your divorce case.
- Grounds Determination: Advise on whether to proceed with a no-fault separation period or to file using the felony conviction as a fault ground.
- Custody Strategy: Develop a strong plan to advocate for your parental rights, which may involve presenting evidence of rehabilitation and stable post-release plans.
- Financial Analysis: Work to protect your share of marital property and address support obligations, considering any loss of income due to incarceration.
- Court Representation: Provide assertive representation in all hearings, from pendente lite motions to the final divorce decree.
Potential Impacts of a Felony on Divorce Outcomes
In Henrico County, a felony conviction can significantly influence child custody decisions, spousal support awards, and the division of complex assets like retirement accounts subject to equitable distribution.
| Legal Issue | Potential Impact of Felony Conviction | Key Consideration |
|---|---|---|
| Child Custody & Visitation | Court must evaluate the child’s best interests; a felony, especially violent or drug-related, can be a major factor against awarding primary custody. | Evidence of rehabilitation, stable housing, and employment post-release is critical. |
| Equitable Distribution | Conviction itself doesn’t alter property division, but incarceration can affect ability to manage/retain assets (e.g., a business). | Need for forensic accounting or business valuation to ensure a fair split of marital property. |
| Spousal Support | The supporting spouse’s incarceration may limit their ability to pay; the convicted spouse’s need may be a factor. | Analysis of Va. Code § 20-107.1 factors, including the circumstances skilled to support. |
| Grounds for Divorce | Provides an immediate fault ground (if sentenced to 1+ year imprisonment), avoiding the waiting period for a no-fault divorce. | Strategic decision on whether using the fault ground is advantageous for your overall case goals. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Case
Our firm brings a unique combination of experience to these sensitive cases. Samantha Powers, our primary family law attorney for Virginia, holds a Ph.D. in Communication, which aids in crafting persuasive arguments for clients facing stigma. Mr. Sris, our founder and a former prosecutor, provides strategic oversight, especially valuable given his role in amending the equitable distribution statute. With 4,739+ firm-wide case results and a 93%+ favorable outcome rate, we have the documented experience to handle complex, high-stakes divorces.
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 & Client Advocacy
While every case is unique, our approach is consistently focused on achieving the best possible outcome. In Henrico County, we have 21 total documented case results across all practice areas with a 100% favorable outcome rate. For instance, our team has successfully advocated for clients where one spouse’s incarceration complicated asset division, securing agreements that protected our client’s share of retirement and business assets. We work collaboratively; Mr. Sris often provides strategic consultation on complex equitable distribution matters stemming from his direct legislative experience.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Henrico County Felony Conviction Divorce Lawyer
Our Richmond location serves clients throughout Henrico County, including Glen Allen, Short Pump, and Innsbrook. We are accessible via I-64, I-95, and I-295. If you need a divorce after felony lawyer Henrico County, contact us for a confidential consultation.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
FAQs: Divorce After a Felony Conviction in Henrico County
Can I get a divorce in Virginia if my spouse is in prison for a felony?
Yes. A felony conviction with a sentence of one year or more of imprisonment is a specific fault ground for divorce under Va. Code § 20-91. You can file for divorce in Henrico County Circuit Court once the sentence has begun.
Will my felony conviction automatically cause me to lose custody of my children?
No, but it is a significant factor. The court decides custody based on the child’s best interests (Va. Code § 20-124.3). The nature of the felony, its relation to parenting, and evidence of your rehabilitation will all be critically examined by the judge.
How does a felony conviction affect the division of property in a divorce?
Virginia is an equitable distribution state. The conviction itself is not a direct factor for dividing assets under Va. Code § 20-107.3. However, incarceration can impact your ability to manage or retain certain assets, like a business, which must be considered during negotiations or trial.
Should I use the felony as a fault ground for divorce?
It depends. Using the fault ground avoids the no-fault separation waiting period. However, it may increase conflict. A criminal conviction divorce lawyer Henrico County can analyze your situation to advise if citing the felony is strategically beneficial for your custody and financial goals.
What if my spouse was convicted of a felony after we separated?
The conviction can still be used as grounds if the one-year imprisonment requirement is met. It may also become relevant for modifying any existing temporary custody or support orders, as it represents a material change in circumstance.
For more information on related legal matters, see our pages on Criminal Defense in Henrico County and Virginia Family Law. We also serve neighboring areas like Chesterfield County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.