In Chesterfield County, Virginia divorce follows equitable distribution under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 15 documented case results in Chesterfield County. A Felony Conviction Divorce Lawyer Chesterfield County handles fault-based divorce when one spouse receives a felony conviction with 1+ year imprisonment.
Last verified: April 2026 | Chesterfield County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides several grounds for divorce. No-fault divorce requires a 6-month separation if no minor children are involved and both parties sign a separation agreement, or a 1-year separation if minor children are present. Fault-based grounds include adultery, cruelty, desertion for one year, and felony conviction with imprisonment for one year or more. A Felony Conviction Divorce Lawyer Chesterfield County can help you file under this specific ground, which requires no waiting period beyond the conviction and incarceration. The firm was founded in 1997 by former prosecutor Mr. Sris, who brings unique insight to complex family law matters.
For a felony conviction divorce, the controlling statute is Va. Code § 20-91(A)(3), which states that a divorce may be decreed on the ground that either party has been convicted of a felony and confined in a state or federal correctional facility for a period of one year or more. This differs from the general no-fault grounds under § 20-91(A)(9). A Felony Conviction Divorce Lawyer Chesterfield County must prove both the conviction and the one-year confinement period to establish grounds for divorce.
- Va. Code § 20-91 (divorce grounds) — official Virginia General Assembly
- Chesterfield County General District Court — official court website
Chesterfield County Circuit Court handles all divorce, equitable distribution, and spousal support matters. Chesterfield County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement (separation agreement) signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates. The Circuit Court at 9500 Courthouse Road, Chesterfield, VA 23832 handles Chesterfield County family law matters. For a felony conviction divorce, the incarcerated spouse must be properly served with process, which often requires coordination with correctional facility administration.
- Gather certified copy of the felony conviction order from the criminal court.
- Obtain documentation from the correctional facility confirming continuous confinement for 1+ year.
- File a Complaint for Divorce at Chesterfield County Circuit Court (9500 Courthouse Road).
- Serve the incarcerated spouse through the correctional facility’s legal service process.
- Attend the uncontested or contested hearing with corroborating witness.
- Receive final decree of divorce from the Circuit Court judge.
In Chesterfield County, a felony conviction divorce under Va. Code § 20-91(A)(3) requires proof of conviction and 1+ year confinement. No additional penalty applies beyond the divorce decree itself.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony conviction (any felony) | Ground for divorce under Va. Code § 20-91(A)(3) | 1+ year confinement required | N/A (divorce proceeding costs) | None | Equitable distribution of marital property; spousal support may be affected |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, a landmark achievement in Virginia family law. The firm’s tagline is “Advocacy Without Borders.” A Felony Conviction Divorce Lawyer Chesterfield County from our firm brings this depth of experience to every case.
Law Offices Of SRIS, P.C. has 15 total documented case results in Chesterfield County across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC. A Felony Conviction Divorce Lawyer Chesterfield County can provide case-specific guidance based on these results.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond Location serves clients at Chesterfield County courts (9500 Courthouse Road), accessible via I-95, I-295, Route 1, Route 10, and Route 360 (Hull Street). We serve Midlothian, Chester, Colonial Heights area, Bon Air, Brandermill, and Moseley. A Felony Conviction Divorce Lawyer Chesterfield County is available near Chesterfield Towne Center and Pocahontas State Park.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Q: How long does a divorce take in Chesterfield County, Virginia?
It depends. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree. Contested divorce: 9-18 months. Complex equitable distribution with business valuation or retirement assets: 12-24 months. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault.
Q: 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).
Q: 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.
Q: How is child custody decided in Chesterfield County, Virginia?
Custody in Chesterfield County is based on the best 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.
Q: 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.
Q: Can I get a divorce if my spouse is in prison in Virginia?
Yes. Under Va. Code § 20-91(A)(3), you can file for divorce on the ground of felony conviction if your spouse has been convicted of a felony and confined for one year or more. A Felony Conviction Divorce Lawyer Chesterfield County can help you file this fault-based divorce without the standard separation waiting period.
Q: What is the difference between a divorce after felony and a regular divorce in Chesterfield County?
A divorce after felony under Va. Code § 20-91(A)(3) does not require the 6-month or 1-year separation period that no-fault divorces require. You must prove the felony conviction and one-year confinement. A Felony Conviction Divorce Lawyer Chesterfield County can help you handle this specific ground, which may also affect equitable distribution and spousal support.
Q: How do I serve divorce papers on an incarcerated spouse in Virginia?
Service of process on an incarcerated spouse requires coordination with the correctional facility’s legal service office. The sheriff’s department or a private process server must deliver the papers to the facility. The facility will then serve the inmate. A Felony Conviction Divorce Lawyer Chesterfield County can handle this process for you.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.