In Dinwiddie County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(3) when your spouse has been convicted of a felony and imprisoned for one year or more. Law Offices Of SRIS, P.C. has 24 documented results in Dinwiddie County, including 5 dismissals and 18 favorable reductions, demonstrating a 96% favorable outcome rate.
Felony Conviction Divorce Lawyer in Dinwiddie County, Virginia
Under Virginia law, a felony conviction can be grounds for divorce when your spouse has been convicted of a felony and has been incarcerated for at least one year. This fault-based ground is codified in Va. Code § 20-91(3), which provides that a divorce may be granted where either party has been convicted of a felony and has been imprisoned for a period of one year or more. Unlike no-fault divorce, which requires a separation period of six months to one year, a felony conviction divorce may be filed immediately upon meeting the statutory requirements. The conviction must be final, and the imprisonment must be continuous for at least one year. A Felony Conviction Divorce Lawyer Dinwiddie County can help you handle this process at Dinwiddie County Circuit Court. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: April 2026 | Dinwiddie County Circuit Court | Virginia General Assembly — official site
For the full text of Virginia’s divorce grounds 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 Dinwiddie County Circuit Court, prosecutors and judges are familiar with the specific requirements of Va. Code § 20-91(3). We have observed that the court requires strict proof of both the felony conviction and the one-year imprisonment period. The conviction must be final, meaning all appeals must be exhausted or the time for appeal must have expired. A certified copy of the conviction order from the criminal court is essential evidence.
- Obtain a certified copy of the felony conviction order from the criminal court where the conviction occurred.
- Verify that your spouse has been imprisoned for at least one continuous year following the conviction.
- Confirm that no appeal is pending and that the conviction is final under Virginia law.
- File a complaint for divorce at Dinwiddie County Circuit Court, citing Va. Code § 20-91(3) as the ground.
- Serve the complaint on your spouse, who may be incarcerated, requiring special service procedures.
- Attend the final hearing with your Felony Conviction Divorce Lawyer Dinwiddie County to present evidence and obtain the final decree.
In Dinwiddie County, Virginia, a divorce based on felony conviction under Va. Code § 20-91(3) does not carry criminal penalties but affects property division, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault Ground — Va. Code § 20-91(3) | 1+ year imprisonment required | N/A (criminal fine separate) | N/A | May affect equitable distribution, spousal support, and custody |
Results may vary.
Law Offices Of SRIS, P.C. has 24 documented results in Dinwiddie County: 5 dismissed or not guilty, 18 reduced or amended, and 1 other favorable outcome — a favorable-outcome rate of 96%. These results span multiple practice areas, including traffic, drug offenses, and other criminal matters. Results may vary. Case results depend on a variety of factors unique to each case.
Our location in Richmond is approximately 35 miles from Dinwiddie County Circuit Court, with access via I-85 and Route 1. If you need a divorce after felony lawyer Dinwiddie County, we serve the communities of Dinwiddie and McKenney. 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 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Dinwiddie County
How long does a divorce take in Dinwiddie County, Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at Dinwiddie County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Dinwiddie County Circuit Court (divorce/equitable distribution). Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. 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 Dinwiddie County, Virginia?
Yes, there are specific costs. 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. Cases filed at Dinwiddie 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). Dinwiddie County Circuit Court (Dinwiddie Courthouse, Dinwiddie, VA 23841) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Dinwiddie County, Virginia?
Custody in Dinwiddie 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. Dinwiddie County J&DR Court handles standalone custody. Dinwiddie 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 Dinwiddie County Circuit Court.
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.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. You may also find these related pages useful: Family Law Lawyer Albemarle County, Family Law Lawyer Alexandria, and Family Law Lawyer Arlington County. For other legal matters in Dinwiddie County, see Business Closure Lawyer Dinwiddie County and Defamation Lawyer Dinwiddie County.
Last verified: April 2026. This page was generated on 2026-04-28. For the most current legal information, consult a qualified attorney. A criminal conviction divorce lawyer Dinwiddie County can provide personalized guidance for your situation.