Felony Conviction Divorce Lawyer Chesterfield County, Virginia
In Chesterfield County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(3) when the spouse has been convicted of a felony and imprisoned for at least one year. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County, including favorable outcomes in all reported instances.
Virginia Divorce Law and Felony Conviction Grounds
Under Va. Code § 20-91(3), a divorce may be granted on the ground that one spouse has been convicted of a felony and has been confined in a state or federal correctional institution for at least one year after the conviction. This fault-based ground allows the innocent spouse to file for divorce without waiting for the standard separation period. The divorce action must be filed in the Chesterfield County Circuit Court, located at 9500 Courthouse Road, Chesterfield, VA 23832. The court will consider the felony conviction as a statutory basis for dissolving the marriage, and the incarcerated spouse retains the right to respond and participate in proceedings regarding custody, support, and property division.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. Advocacy Without Borders — the firm has handled 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%.
Official Virginia Legal Resources
Local Procedural Insights for Chesterfield County
In Chesterfield County Circuit Court, judges routinely require a corroborating witness for uncontested divorce hearings, even when the grounds are based on a felony conviction.
We have observed that the court strictly enforces the one-year imprisonment requirement under Va. Code § 20-91(3); early filing before the full year of confinement may result in dismissal.
In our experience defending family law cases in Chesterfield, the court often schedules pendente lite hearings within 21-60 days of a motion for temporary support or custody.
- Verify the one-year imprisonment period has been completed before filing under Va. Code § 20-91(3).
- Obtain certified copies of the felony conviction and incarceration records from the correctional facility.
- File the divorce complaint at Chesterfield County Circuit Court, 9500 Courthouse Road, with the $86 filing fee.
- Serve the incarcerated spouse through the correctional facility’s legal mail system or via sheriff service.
- Attend the final hearing with a corroborating witness to testify to the grounds for divorce.
In Chesterfield County, divorce based on a felony conviction under Va. Code § 20-91(3) carries no criminal penalty but affects marital rights, property division, and custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based divorce ground | 1+ year imprisonment required | None (divorce proceeding) | None | Equitable distribution of marital property; spousal support; child custody and support determinations |
Results may vary.
Why Choose Law Offices Of SRIS, P.C. for Your Chesterfield County Divorce
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. 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 15 documented case results in Chesterfield County, with favorable outcomes in all reported instances. Advocacy Without Borders — the firm is available 24/7 for consultations by appointment at (888) 437-7747.
Your Legal Team
Case Results in Chesterfield County
Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable-outcome rate of 100% in all reported instances across all practice areas. Results may vary. The firm has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ.
Our Location Serving Chesterfield County
Our location in Richmond is approximately 15 miles from Chesterfield County Circuit Court, with access via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street).
If you need a Felony Conviction Divorce Lawyer Chesterfield County, we are here to help. Serving the communities of Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Chesterfield County
How long does a divorce take in Chesterfield County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Chesterfield County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Chesterfield 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 Chesterfield 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 Chesterfield 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). Chesterfield County Circuit Court (9500 Courthouse Road, Chesterfield, VA 23832) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield 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. Chesterfield County J&DR Court handles standalone custody. Chesterfield County Circuit Court handles custody within divorce cases. 15 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 Chesterfield 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.
Related Legal Resources
Last verified: April 2026. This page is regularly updated to reflect changes in Virginia law and Chesterfield County court procedures.