In Goochland County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing the innocent spouse to file for divorce without a waiting period if the convicted spouse has been imprisoned for one year or more. Law Offices Of SRIS, P.C.
Felony Conviction Divorce Lawyer in Goochland 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 either party has been convicted of a felony and has been confined in a state or federal correctional institution for one year or more. This ground allows the non-convicted spouse to file for divorce immediately, bypassing the typical separation periods required for no-fault divorce. The conviction must be for a felony under the laws of the United States or any state, and the imprisonment must be continuous for at least one year. The court will consider the nature of the felony, the length of incarceration, and the impact on the marital relationship when granting the divorce. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience.
Last verified: April 2026 | Goochland 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 information on equitable distribution, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Goochland County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. We have observed that the court requires clear documentation of the felony conviction and the period of incarceration. The non-convicted spouse must provide certified copies of the conviction order and proof of continuous imprisonment for at least one year. The court will not grant a divorce based on a felony conviction if the spouse was pardoned or if the conviction was reversed on appeal.
- Obtain certified copies of the felony conviction order from the sentencing court.
- Gather documentation proving continuous imprisonment for at least one year.
- File the divorce complaint at Goochland County Circuit Court, citing Va. Code § 20-91(A)(3).
- Serve the complaint on the incarcerated spouse through the correctional facility.
- Attend the final hearing to present evidence and obtain the divorce decree.
In Goochland County, Virginia, a felony conviction divorce under Va. Code § 20-91(A)(3) carries no direct penalties but significantly impacts property division, spousal support, and child custody arrangements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-Based Ground | 1+ year imprisonment required | N/A | N/A | Immediate divorce filing; potential impact on equitable distribution and spousal support |
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. The firm has extensive experience handling felony conviction divorce cases in Goochland County, providing clients with strategic guidance and aggressive representation.
Law Offices Of SRIS, P.C. has 4 total documented case results in Goochland County across all practice areas, with a favorable outcome in all reported instances. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ. Results may vary.
Our location in Richmond is approximately 30 miles from Goochland County Circuit Court, with access via I-64 and Route 250. Serving the communities of Goochland, Crozier, and Oilville. 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 Goochland County
How long does a divorce take in Goochland County, Virginia?
It depends. Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Goochland County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Goochland 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. For felony conviction divorces under Va. Code § 20-91, no separation period is required if the convicted spouse has been imprisoned for one year or more.
Uncontested divorces in Goochland County typically take 2-6 months; contested divorces take 9-18 months.
How much does a divorce cost in Goochland County, Virginia?
The Circuit Court filing fee for a divorce complaint is approximately $86; sheriff service of process costs 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 are filed at Goochland County General District Court. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3).
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). Goochland County Circuit Court (2938 River Road West, Bldg G, Goochland, VA 23063) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Goochland County, Virginia?
Custody in Goochland 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. Goochland County J&DR Court handles standalone custody. Goochland County Circuit Court handles custody within divorce cases. A felony conviction may be considered as a factor in custody determinations.
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 Goochland 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.
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, Business Purchase Lawyer Goochland County, and Licensing Lawyer Goochland County.
Last verified: April 2026 | Goochland County Circuit Court | Virginia General Assembly — official site