In New Kent County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing you to file immediately without a waiting period. Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, including favorable outcomes in all reported instances. Felony Conviction Divorce Lawyer New Kent County — we help you handle this complex process.
Felony Conviction Divorce Lawyer New Kent County, Virginia
Under Virginia law, a felony conviction is a fault-based ground for divorce. Va. Code § 20-91(A)(3) provides that a divorce may be granted when a spouse has been convicted of a felony and has been incarcerated for at least one year. This ground requires no separation period, unlike no-fault divorces which require 6 months or 1 year of separation. The conviction must be for a felony under the laws of the United States, any state, or any foreign jurisdiction. The divorce action is filed in the New Kent County Circuit Court, located at 12001 Courthouse Circle, New Kent, VA 23124. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For the equitable distribution statute personally amended by Mr. Sris, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In New Kent County Circuit Court, prosecutors and family court judges routinely review felony conviction divorce petitions with heightened scrutiny. We have observed that the court requires certified copies of the conviction order and proof of incarceration duration.
Your attorney must demonstrate that the conviction is final and not on appeal. The court also considers whether the conviction is relevant to custody and visitation determinations.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Gather documentation of incarceration dates (e.g., Department of Corrections records).
- File a complaint for divorce at New Kent County Circuit Court.
- Serve the complaint on your spouse.
- Attend the hearing to present evidence of the conviction and incarceration.
- Obtain the final decree of divorce.
In New Kent County, a felony conviction divorce under Va. Code § 20-91 carries no additional criminal penalties, but the divorce itself resolves marital property, custody, and support obligations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-Based Ground | 1+ year imprisonment required | N/A (divorce proceeding) | N/A | Equitable distribution, custody, support determined by court |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ 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.
Law Offices Of SRIS, P.C. has 11 documented results in New Kent County: 5 dismissed or not guilty, 6 reduced or amended — a favorable outcome in all reported instances. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 30 miles from New Kent County Circuit Court, with access via I-64 and Route 33. Serving the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009. By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in New Kent County
How long does a divorce take in New Kent County, Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at New Kent County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. High-asset cases can extend longer. Uncontested divorce: 2-6 months; contested divorce: 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86. Sheriff service of process is approximately $12. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour per party). Filing fee: $86; service: $12; additional costs vary.
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). New Kent County Circuit Court handles all property division. No, Virginia is an equitable distribution state.
How is child custody decided in New Kent County, Virginia?
Custody is based on the experienced interests of the child under Va. Code § 20-124.3, considering 10 factors including each parent’s role and any history of abuse. New Kent County J&DR Court handles standalone custody matters. Custody is based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children) or 1-year separation. Fault grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. Filed at New Kent County Circuit Court. No-fault after 6 months or 1 year; fault grounds include felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging the validity of the conviction, examining procedural compliance, negotiating with the opposing party, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 to build the strongest possible defense. Defense strategies include challenging the conviction and negotiating a settlement.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing a felony conviction divorce 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. Contact a family law attorney immediately and preserve all documents.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific circumstances. Under Va. Code § 20-91, consequences may include the dissolution of marriage, equitable distribution of property, and determination of custody and support. Consult a Virginia family law attorney for case-specific guidance. Consequences include divorce, property division, and custody/support determinations.
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Last updated: 2026-04-30
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