A felony conviction can be grounds for divorce in Fluvanna County under Va. Code § 20-91(A)(3) if the spouse was imprisoned for one year or more. A Felony Conviction Divorce Lawyer Fluvanna County from Law Offices Of SRIS, P.C. can help you file at the Fluvanna County Circuit Court. Our firm has 4,739+ documented case results firm-wide. Consultation by appointment.
Last verified: April 2026 | Fluvanna County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition: Felony Conviction as Grounds for Divorce
Under Virginia law, a felony conviction serves as a fault-based ground for divorce. Va. Code § 20-91(A)(3) states that a divorce may be granted where either party has been convicted of a felony and has been confined in a state or federal correctional institution for one year or more. Unlike no-fault divorce, which requires a separation period of six months to one year, a felony conviction divorce has no waiting period if the imprisonment requirement is met. The Felony Conviction Divorce Lawyer Fluvanna County at Law Offices Of SRIS, P.C. understands how this statute applies in Fluvanna County. Mr. Sris, who founded the firm in 1997 and personally amended Va. Code § 20-107.3 (equitable distribution), brings unique insight to these cases.
For a divorce after felony lawyer Fluvanna County, the key distinction is that the conviction must result in actual imprisonment for at least one year. A suspended sentence or probation alone does not satisfy the statutory requirement. The criminal conviction divorce lawyer Fluvanna County must verify the length of confinement and ensure the conviction is final and not on appeal. The Fluvanna County Circuit Court, located at 72 Main Street, Suite B, Palmyra, VA 22963, handles all divorce filings in the county.
External Citation Links
For the official statute governing felony conviction divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and filing information, visit the Fluvanna County General District Court website.
- Verify the felony conviction is final and the spouse has served at least one year of imprisonment.
- Obtain certified copies of the conviction order and incarceration records from the correctional facility.
- File a Complaint for Divorce at the Fluvanna County Circuit Court, citing Va. Code § 20-91(A)(3) as the ground.
- Serve the incarcerated spouse through the correctional facility’s legal service process or via the sheriff’s department.
- Attend the hearing with corroborating witness testimony to prove the conviction and imprisonment duration.
In Fluvanna County, a felony conviction divorce under Va. Code § 20-91(A)(3) requires proof of one year or more of imprisonment. The court may also address equitable distribution, spousal support, and child custody in the same proceeding.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-Based Ground | 1+ year imprisonment required | N/A — divorce proceeding | N/A | Equitable distribution, spousal support, custody determined separately |
Results may vary. Prior results do not guarantee a similar outcome.
Case Results
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. While specific Fluvanna County family law case results are not listed here, our firm actively represents clients in Fluvanna County Circuit Court. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, demonstrating deep family law knowledge.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond Location is accessible via Route 15, Route 6, and Route 53, approximately 45 minutes from the Fluvanna County Circuit Court in Palmyra. We serve clients in Palmyra, Fork Union, and Lake Monticello. A Felony Conviction Divorce Lawyer Fluvanna County is available for phone consultations 24/7.
Frequently Asked Questions
How long does a felony conviction divorce take in Fluvanna County?
It depends. If the one-year imprisonment requirement is met, there is no waiting period. The divorce can proceed immediately upon filing. Uncontested cases typically take 2-4 months from filing to final decree. Contested cases involving property division or custody may take 9-18 months.
Can I get a divorce if my spouse is in prison but has served less than one year?
No. Va. Code § 20-91(A)(3) requires the spouse to have been confined for one year or more. If the imprisonment is shorter, you must use a different ground, such as no-fault divorce after the required separation period (6 months without minor children, 1 year with minor children).
Will the incarcerated spouse have to appear in Fluvanna County Circuit Court?
It depends. The incarcerated spouse may appear by video conference or telephone if the correctional facility permits it. In some cases, the court may proceed without their physical presence if they have been properly served and do not contest the divorce.
How is property divided in a felony conviction divorce in Virginia?
Virginia is an equitable distribution state under Va. Code § 20-107.3 (personally amended by Mr. Sris). The court divides marital property fairly but not necessarily 50/50. The incarcerated spouse’s contribution to the marriage and the impact of the conviction are considered among 11 statutory factors.
Can child custody be affected by a felony conviction in Fluvanna County?
Yes. Under Va. Code § 20-124.3, the court considers the best interests of the child, including each parent’s criminal history. A felony conviction, especially for violent or drug-related offenses, can significantly impact custody and visitation decisions. The Fluvanna County J&DR Court handles standalone custody matters.
What is the filing fee for a divorce in Fluvanna County Circuit Court?
The Circuit Court filing fee for a divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), and potential Guardian ad Litem fees ($500-$2,500+) if custody is disputed. Mediation costs $100-$300 per hour per party.