A felony conviction can be grounds for divorce in Colonial Heights under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 4 documented case results in Colonial Heights. Mr. Sris personally amended Virginia’s equitable distribution statute. Contact us to discuss your case.
Last verified: April 2026 | Colonial Heights General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Under Virginia law, a felony conviction resulting in imprisonment for one year or more serves as a fault-based ground for divorce. This is codified in Va. Code § 20-91(A)(3). The spouse seeking divorce must prove the conviction and incarceration occurred. Unlike no-fault divorce, which requires a separation period, a felony conviction divorce can be filed immediately without waiting. The conviction must be final — appeals or pending motions can delay the process. Colonial Heights Circuit Court has jurisdiction over these cases. The court considers the conviction as evidence of a breakdown in the marital relationship. This ground applies regardless of when the marriage occurred or how long the couple has been separated.
For the full text of Virginia’s divorce statutes, visit the Virginia General Assembly code for Title 20, Chapter 6. For court procedures and forms, see the Virginia Circuit Court website.
In Colonial Heights Circuit Court, a felony conviction divorce requires certified copies of the conviction order and sentencing documents. The court will verify the conviction is final and the sentence was one year or more. No separation period is needed.
- Obtain certified copies of the felony conviction order and sentencing documents from the convicting court.
- File a complaint for divorce at Colonial Heights Circuit Court, 550 Boulevard, Colonial Heights, VA 23834.
- Pay the Circuit Court filing fee of approximately $86 and arrange service of process on your spouse.
- Attend the hearing where the court will verify the conviction and enter the divorce decree.
- Address related issues such as property division, spousal support, and child custody in the same proceeding.
In Colonial Heights, a felony conviction divorce under Va. Code § 20-91 allows immediate filing without a separation period, unlike no-fault divorce.
| Ground | Classification | Separation Required | Filing Fee | Additional Considerations |
|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | Fault-based | None | ~$86 | Must provide certified conviction order; conviction must be final |
| No-Fault (no minor children) | No-fault | 6 months | ~$86 | Requires signed separation agreement |
| No-Fault (with minor children) | No-fault | 1 year | ~$86 | Requires signed separation agreement |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, which directly impacts property division in divorce cases. This amendment is a documented achievement that distinguishes the firm in Virginia family law. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, firm founder and former prosecutor, oversees all family law matters at the firm. He personally amended Va. Code § 20-107.3 and has been practicing since 1997. His background in accounting and information systems provides a unique advantage in complex financial cases involving business valuation and asset division.
Law Offices Of SRIS, P.C. has 4 total documented case results across all practice areas in Colonial Heights, 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.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location serves clients at Colonial Heights courts (550 Boulevard), accessible via I-95, I-295, Route 1, and Route 144. We serve the Colonial Heights community. 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.
How long does a divorce take in Colonial Heights, 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. Virginia requires a 6-month separation (no minor children with signed agreement) or 1-year separation (with minor children) before filing no-fault. Colonial Heights Circuit Court handles all divorces.
How much does a divorce cost in Colonial Heights, 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. Cases filed at Colonial Heights 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). Colonial Heights Circuit Court (550 Boulevard, Colonial Heights, VA 23834) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Colonial Heights, Virginia?
Custody in Colonial Heights 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. Colonial Heights J&DR Court handles standalone custody. Colonial Heights 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 Colonial Heights Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86.
Can a felony conviction be used as grounds for divorce in Colonial Heights?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction resulting in imprisonment for one year or more is a fault-based ground for divorce. No separation period is required. The conviction must be final. Colonial Heights Circuit Court handles these cases. A divorce after felony lawyer Colonial Heights can help you file immediately.
What if my spouse was convicted of a felony but not incarcerated?
It depends. The statute requires imprisonment for one year or more. If the sentence was suspended or the spouse received probation without jail time, this ground may not apply. A criminal conviction divorce lawyer Colonial Heights can evaluate whether other fault grounds or no-fault divorce are available in your situation.
Does a felony conviction affect child custody in Colonial Heights?
Yes. A felony conviction is a factor in the best interests of the child analysis under Va. Code § 20-124.3. The court considers the nature of the offense, how recent it was, and whether it impacts the parent’s ability to care for the child. A divorce after felony lawyer Colonial Heights can help present evidence about rehabilitation and current circumstances.
Virginia Divorce & Family Law Lawyer
Henrico County Divorce Lawyer | Chesterfield County Divorce Lawyer
Criminal Defense Lawyer Colonial Heights | DUI/DWI Lawyer Colonial Heights
Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.