Felony Conviction Divorce Lawyer New Kent County, Virginia
In New Kent County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(3) if the spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C. has 11 documented results in New Kent County, with a favorable outcome in all reported instances.
Virginia law under Va. Code § 20-91(3) provides that a divorce may be granted on the ground of a felony conviction where the defendant spouse has been convicted of a felony and confined in a penitentiary for at least one year. This fault-based ground does not require a separation period, unlike no-fault divorces. The conviction must be final, and the incarceration must have lasted for a minimum of one continuous year. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., ‘Advocacy Without Borders,’ brings 120+ years combined legal experience to clients in New Kent County handling these complex family law matters.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly — official site
For official statutory text, consult the following government sources:
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce including felony conviction.
- New Kent County Circuit Court (Virginia Courts — official site) — Court information and procedures.
In New Kent County Circuit Court, prosecutors and family court judges routinely scrutinize felony conviction divorce petitions for procedural compliance. We have observed that the court requires certified copies of the conviction order and proof of continuous incarceration for at least one year. Missing documentation can delay proceedings significantly.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Gather documentation proving continuous incarceration for at least one year.
- File the complaint for divorce at New Kent County Circuit Court (12001 Courthouse Circle).
- Serve the complaint on the incarcerated spouse through the correctional facility.
- Attend the final hearing prepared with all supporting evidence.
- Obtain the final divorce decree from the court.
In New Kent County, a felony conviction divorce under Va. Code § 20-91(3) carries specific legal consequences including property division, spousal support, and custody determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction Divorce | Fault-based ground | 1+ year imprisonment required | N/A | N/A | Equitable distribution, spousal support, custody determination |
Results may vary.
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%. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled 11 documented results in New Kent County, with a favorable outcome in all reported instances. 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 rate of 100% 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 25 miles from New Kent County Circuit Court, with access via I-64 and Route 33. If you need a divorce after felony lawyer New Kent County, we serve the communities of New Kent, Providence Forge, and Quinton. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Richmond 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 in Virginia typically resolve in 2-6 months after filing at New Kent County Juvenile & Domestic Relations District Court (custody/support/protective orders) and New Kent 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. Under Va. Code § 20-91, felony conviction grounds do not require a separation period.
Uncontested divorces in New Kent County typically resolve in 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in New Kent County, Virginia?
It depends. 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. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at New Kent County General District Court.
Filing fee is approximately $86; total costs vary based on complexity.
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 (12001 Courthouse Circle, New Kent, VA 23124) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
No, Virginia is an equitable distribution state.
How is child custody decided in New Kent County, Virginia?
It depends. Custody in New Kent 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. New Kent County J&DR Court handles standalone custody. New Kent County Circuit Court handles custody within divorce cases.
Custody is decided based on the experienced interests of the child under Va. Code § 20-124.3.
What are the grounds for divorce in Virginia?
It depends. 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 New Kent 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.
Grounds include no-fault (6-month or 1-year separation) and fault grounds including felony conviction.
How does a Virginia lawyer defend against felony conviction divorce charges?
It depends. 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. A criminal conviction divorce lawyer New Kent County can help handle these complex proceedings.
Defense strategies include challenging evidence and negotiating with prosecutors under Va. Code § 20-91.
What should I do if I am facing felony conviction divorce charges in Virginia?
Contact a lawyer immediately. 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. A divorce after felony lawyer New Kent County can provide immediate guidance.
Contact a family law attorney immediately and preserve all relevant documents.
What are the penalties for felony conviction divorce in Virginia?
It depends. 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.
Penalties depend on the specific circumstances under Va. Code § 20-91.
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Page Last verified: April 2026. Content reviewed for accuracy and compliance with Virginia law.