Felony Conviction Divorce Lawyer Chesterfield County, Virginia
In Chesterfield County, Virginia, a felony conviction is a fault ground for divorce under Va. Code § 20-91, allowing you to file immediately without a separation period. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County, including 8 dismissals and 7 reductions, demonstrating a favorable outcome in all reported instances.
Statutory Grounds for Divorce Based on Felony Conviction
Under Va. Code § 20-91(A)(3), a divorce may be granted on the fault ground of a felony conviction where your spouse has been convicted of a felony and has been confined in a correctional facility for at least one year. This ground requires no waiting period — you may file immediately upon meeting the one-year imprisonment requirement. The conviction must be final, and the incarceration must be continuous. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce.
Last verified: April 2026 | Chesterfield County Circuit Court | Virginia General Assembly — official site
Official Virginia Code References
Review the full statutory language for divorce grounds at the official Virginia legislative site: 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).
Local Procedural Insight for Chesterfield County
In Chesterfield County Circuit Court, prosecutors and family court judges routinely expect a certified copy of the felony conviction order and proof of one year of continuous incarceration. We have observed that failing to provide the certified judgment from the convicting court can delay the divorce hearing by 60-90 days.
- Obtain a certified copy of the felony conviction order from the convicting court.
- Gather documentation showing continuous incarceration for at least one year.
- File the divorce complaint at Chesterfield County Circuit Court (9500 Courthouse Road).
- Serve the incarcerated spouse through the correctional facility’s legal mail process.
- Attend the final hearing with your corroborating witness.
- Receive the final divorce decree from the Circuit Court judge.
In Chesterfield County, Virginia, a divorce based on felony conviction carries no separate penalty — the outcome is the dissolution of the marriage, with equitable distribution of marital property under Va. Code § 20-107.3.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Ground for Divorce) | Fault Ground — No Waiting Period | 1+ year continuous imprisonment required | N/A (divorce proceeding) | N/A | Equitable distribution of marital property; potential spousal support; child custody determined by experienced interests |
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., ‘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. The firm has 15 documented case results in Chesterfield County, with 8 dismissals or not guilty verdicts and 7 reductions or amendments — a favorable outcome in all reported instances.
Case Results in Chesterfield County
Law Offices Of SRIS, P.C. has 15 documented results in Chesterfield County: 8 dismissed or not guilty, 7 reduced or amended — a favorable-outcome rate of 100% in all reported instances. Results may vary. These results include 9 Traffic/Reckless Driving, 3 Drug Offenses, and 2 Other Criminal cases. Firm-wide, the firm has 4,739+ documented 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 at 9500 Courthouse Road, with access via I-95 and Route 10. As a Felony Conviction Divorce Lawyer Chesterfield County, we serve 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 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.
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 Services
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore other family law resources in nearby localities: Family Law Lawyer Albemarle County, Family Law Lawyer Alexandria, and Family Law Lawyer Arlington County. For related practice areas in Chesterfield County, see Business Agreement Lawyer Chesterfield County and Business Compliance Lawyer Chesterfield County.
Last verified: April 2026. This page was last updated on 2026-04-28.