In Hanover County, a felony conviction with imprisonment for 1+ year is grounds for divorce under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 19 documented case results in Hanover County. A Felony Conviction Divorce Lawyer Hanover County can help you file immediately without the standard 6-month or 1-year separation period.
Last verified: April 2026 | Hanover County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides specific grounds for divorce under Va. Code § 20-91. A felony conviction is a fault-based ground that allows you to file for divorce immediately — no waiting period required. The conviction must result in imprisonment for one year or more. This ground applies regardless of whether the conviction occurred before or during the marriage. A Felony Conviction Divorce Lawyer Hanover County can explain how this ground interacts with other divorce issues like property division and custody.
For the official statute on divorce grounds, see Va. Code § 20-91 (official Virginia General Assembly). For court procedures and forms, visit the Hanover County General District Court website.
Hanover County Circuit Court handles all divorce filings based on felony conviction grounds. You do not need to prove separation — the conviction itself satisfies the grounds requirement. The court requires certified copies of the conviction order and sentencing documents.
- Obtain certified copies of the felony conviction judgment and sentencing order from the convicting court.
- File a complaint for divorce at Hanover County Circuit Court (7507 Library Drive, Suite 201, Hanover, VA 23069) with the certified conviction documents attached.
- Serve the complaint on your spouse through sheriff service ($12) or private process server ($50-$100).
- File a pendente lite motion if you need temporary spousal support or custody during the divorce process.
- Attend the uncontested hearing (typically 2-4 months after filing) with your corroborating witness.
- Receive the final divorce decree from the Circuit Court judge.
In Hanover County, a felony conviction divorce does not carry criminal penalties — it is a civil proceeding. The table below shows the legal standards and timelines.
| Ground | Waiting Period | Required Evidence | Filing Fee | Additional Costs |
|---|---|---|---|---|
| Felony Conviction (1+ year imprisonment) | None | Certified conviction order | ~$86 | Service of process: $12-$100 |
| No-Fault (no minor children) | 6 months separation | Signed separation agreement | ~$86 | Mediation: $100-$300/hour |
| No-Fault (with minor children) | 1 year separation | Signed separation agreement | ~$86 | Guardian ad Litem: $500-$2,500+ |
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 4,739+ documented case results firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a unique credential that demonstrates deep understanding of Virginia family law. A Felony Conviction Divorce Lawyer Hanover County from our firm brings this experience to your case.
Law Offices Of SRIS, P.C. has 19 total documented case results across all practice areas in Hanover County, with a 100% favorable outcome rate. Firm-wide, we have 4,739+ documented 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.
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Q: Can I file for divorce immediately if my spouse is convicted of a felony?
Yes. Virginia law allows immediate filing for divorce on grounds of felony conviction with 1+ year imprisonment. No separation period is required. You must provide certified conviction documents to Hanover County Circuit Court.
Q: How long does a felony conviction divorce take in Hanover County?
It depends. Uncontested cases typically take 2-4 months from filing to final decree. Contested cases involving property division or custody can take 9-18 months. The felony conviction ground itself does not delay the process.
Q: Do I need a separation agreement if filing on felony conviction grounds?
No. A separation agreement is not required for a fault-based divorce on felony conviction grounds. However, a property settlement agreement can help resolve equitable distribution, spousal support, and custody issues without trial.
Q: What evidence do I need for a felony conviction divorce?
You need certified copies of the felony conviction judgment and sentencing order from the convicting court. The conviction must show imprisonment for 1+ year. A Felony Conviction Divorce Lawyer Hanover County can help gather the required documents.
Q: Can I get spousal support if my spouse is convicted of a felony?
Yes. Spousal support is determined under Va. Code § 20-107.1 based on 13 statutory factors. The felony conviction may affect the court’s analysis of earning capacity and financial resources. A divorce after felony lawyer Hanover County can explain how this applies to your case.
Q: Does a felony conviction affect child custody in Hanover County?
Yes. Custody is decided under Va. Code § 20-124.3 based on the child’s best interests. A felony conviction is a relevant factor, particularly if it involves violence, drugs, or moral turpitude. A criminal conviction divorce lawyer Hanover County can address custody concerns.
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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.