In Goochland County, a felony conviction can serve as grounds for divorce under Va. Code § 20-91(A)(3) if your spouse has been imprisoned for one year or more. A Felony Conviction Divorce Lawyer Goochland County from Law Offices Of SRIS, P.C. can help you file at the Goochland County Circuit Court.
Last verified: 2026-04 | Goochland County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Statutory Definition: Felony Conviction as Grounds for Divorce in Goochland County
Under Virginia law, a felony conviction provides a fault-based ground for divorce. Va. Code § 20-91(A)(3) states that a divorce may be granted when a spouse 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, a felony conviction divorce has no waiting period. The conviction must be final, and the one-year imprisonment requirement must be met. Mr. Sris, founder of Law Offices Of SRIS, P.C. (founded 1997), personally amended Va. Code § 20-107.3, the equitable distribution statute, giving him unique insight into Virginia family law. The Goochland County Circuit Court, located at 2938 River Road West, Bldg G, handles all divorce filings in this jurisdiction.
A Felony Conviction Divorce Lawyer Goochland County understands that this ground applies to any felony conviction, regardless of whether the crime involved the marriage. The incarcerated spouse does not need to consent to the divorce. The filing spouse must prove the conviction and the one-year confinement period. This ground is particularly useful when you cannot wait the standard 6-month or 1-year separation period required for no-fault divorce. If you are seeking a divorce after felony lawyer Goochland County, the process involves filing a complaint for divorce at the Circuit Court, serving the incarcerated spouse, and presenting evidence of the conviction and confinement.
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 Goochland County General District Court website.
Insider Procedural Edge: Filing a Felony Conviction Divorce in Goochland County
In Goochland County Circuit Court, prosecutors and court staff handle felony conviction divorce filings differently than standard no-fault cases. The court requires certified copies of the conviction order and proof of continuous confinement for at least one year. Service of process on an incarcerated spouse requires coordination with the correctional facility.
- Obtain certified copies of the felony conviction order from the convicting court.
- Verify the spouse has been confined for at least one continuous year.
- File a complaint for divorce at Goochland County Circuit Court (2938 River Road West, Bldg G).
- Arrange service of process through the correctional facility where the spouse is incarcerated.
- Attend the hearing with all required documentation and a corroborating witness.
Penalty Table: Felony Conviction Divorce in Goochland County
In Goochland County, a felony conviction divorce under Va. Code § 20-91(A)(3) requires proof of conviction and one year of confinement. No separation period is needed.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (any) | Fault-based divorce ground | 1+ year confinement required | Circuit Court filing fee: ~$86 | None directly | Equitable distribution still applies; spousal support may be affected |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block: Why Choose Law Offices Of SRIS, P.C.
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 has achieved 4,739+ documented case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, which is directly relevant to any divorce case involving property division. Our tagline is “Advocacy Without Borders.” We have 4 total documented case results in Goochland County across all practice areas with a 100% favorable outcome rate. A criminal conviction divorce lawyer Goochland County from our firm brings this depth of experience to your case.
Case Results
Law Offices Of SRIS, P.C. has 4 total documented case results in Goochland County across all practice areas, with a 100% favorable outcome rate. Firm-wide across VA, MD, NJ, NY, and DC, we have achieved 4,739+ case results with a 93%+ favorable outcome rate.
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
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Frequently Asked Questions About Felony Conviction Divorce in Goochland County
Can I get a divorce if my spouse is in prison in Goochland County?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with at least one year of confinement is grounds for divorce in Goochland County. No separation period is required. File at the Goochland County Circuit Court.
How long does a felony conviction divorce take in Goochland County?
It depends. An uncontested felony conviction divorce can take 2-4 months from filing to final decree. Contested cases involving property division or custody may take 9-18 months. The court must verify the conviction and confinement period.
Do I need a separation period for a felony conviction divorce in Virginia?
No. Unlike no-fault divorce, a felony conviction divorce under Va. Code § 20-91(A)(3) does not require any separation period. You can file immediately once your spouse has been confined for one year or more.
How is property divided in a felony conviction divorce in Goochland County?
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 may still receive a share of marital assets.
Can I get child custody if my spouse is in prison in Goochland County?
Yes. Custody is decided based on the best interests of the child under Va. Code § 20-124.3. The court considers 10 factors, including each parent’s ability to care for the child. Incarceration is a significant factor but not automatically disqualifying.
What if my spouse was convicted but not sentenced to prison?
It depends. Va. Code § 20-91(A)(3) requires actual confinement in a correctional institution for one year or more. If your spouse received probation or a suspended sentence without jail time, this ground may not apply. Consult a Felony Conviction Divorce Lawyer Goochland County.
How much does a felony conviction divorce cost in Goochland County?
The Circuit Court filing fee for a divorce complaint is approximately $86. Sheriff service of process costs about $12. Private process server fees range from $50-$100. Additional costs may include Guardian ad Litem fees ($500-$2,500+) if custody is involved.
Can I get spousal support if my spouse is in prison?
It depends. Spousal support is determined under Va. Code § 20-107.1 based on 13 factors, including the financial resources of both parties. An incarcerated spouse may have limited ability to pay support. The court may impute income based on earning capacity.
Internal Links
- Virginia Family Law Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- Goochland County Criminal Defense Lawyer
- Goochland County DUI Lawyer
- Richmond Office Location
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.