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Felony Conviction Divorce Lawyer in Hampton, Virginia — What Is Your Best Defense?
Under Va. Code § 20-91, a felony conviction with 1+ year imprisonment is a fault ground for divorce in Hampton. Law Offices Of SRIS, P.C. has 4,739+ firm-wide results and 120+ years of combined experience. We handle the details of your case.
A felony conviction with 1+ year imprisonment is a fault ground for divorce under Va. Code § 20-91 in Hampton. Contact us for a case-specific approach.
Virginia Felony Conviction Divorce Law
Virginia law allows a divorce on the fault ground of a felony conviction when your spouse has been convicted of a felony and imprisoned for one year or more. This is defined under Va. Code § 20-91(A)(3). Unlike no-fault divorce, which requires a 6-month or 1-year separation, a felony conviction divorce has no waiting period. You must prove the conviction and the imprisonment term. The court will grant the divorce based on this fault ground, which can affect spousal support and property division under Va. Code § 20-107.3, a statute personally amended by Mr. Sris.
Last verified: April 2026 | Hampton Circuit Court | Virginia General Assembly
For a felony conviction divorce, the specific statute is Va. Code § 20-91(A)(3), which covers the fault ground of a felony conviction. This differs from other divorce grounds like adultery or cruelty. The definition of a felony conviction divorce is a divorce granted because one spouse was convicted of a felony and imprisoned for at least one year.
Official Legal Resources
- Va. Code § 20-91 (Divorce grounds) — official Virginia General Assembly
- Hampton Circuit Court — official court website
Insider Procedural Edge for Hampton
In Hampton Circuit Court, prosecutors and family court judges see felony conviction divorce cases as clear fault grounds. The key is proving the conviction and the 1+ year imprisonment.
- Step 1: Gather the certified conviction order and proof of imprisonment.
- Step 2: File a complaint for divorce at Hampton Circuit Court, citing Va. Code § 20-91(A)(3).
- Step 3: Serve the incarcerated spouse through the Department of Corrections or by publication if their location is unknown.
- Step 4: Attend the hearing; if the spouse does not appear, request a default judgment.
- Step 5: Obtain the final divorce decree, which may include spousal support and property division.
In Hampton, a felony conviction divorce carries no direct penalty, but the fault finding can affect spousal support and property division.
| Ground | Classification | Waiting Period | Impact on Support | Impact on Property | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction | Fault Ground | None (if 1+ year imprisonment) | May bar spousal support for the convicted spouse | Equitable distribution still applies | Can affect custody and visitation |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C.?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has 120+ years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute, a unique credential in Virginia family law. Our team includes Samantha Rae Powers, who leads our VA family law practice with 18+ years of experience. We provide a case-specific approach to every divorce matter.
Case Results
Firm-wide across VA, MD, NJ, NY, and DC: 4,739+ documented results with 93%+ favorable outcome rate. In Hampton, we have handled numerous family law cases involving fault grounds. Results may vary. Prior results do not guarantee a similar outcome.
Our Hampton Location
Our Fairfax Location is approximately 2 hours from Hampton Circuit Court, accessible via I-64 and I-95. We serve clients throughout Hampton, including the neighborhoods of Phoebus, Buckroe, and Downtown Hampton.
Felony Conviction Divorce Lawyer near Hampton — we handle cases in Hampton, Newport News, and the Virginia Peninsula.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions
What are the grounds for divorce in Virginia?
Yes. 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 Hampton Circuit Court.
Can I get a divorce if my spouse is in prison for a felony?
Yes. Under Va. Code § 20-91(A)(3), a felony conviction with 1+ year imprisonment is a fault ground for divorce. You do not need to wait for a separation period.
How long does a felony conviction divorce take in Hampton?
It depends. If the incarcerated spouse does not respond, a default judgment can be obtained in 2-4 months. Contested cases may take 6-12 months.
Will a felony conviction affect child custody?
Yes. The court considers the best interests of the child under Va. Code § 20-124.2. A felony conviction can be a factor in custody and visitation decisions.
Do I need a lawyer for a felony conviction divorce?
Yes. A lawyer can help you prove the conviction, serve the incarcerated spouse, and protect your rights regarding property and support. Contact us for a consultation.
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- Virginia Family Law Lawyer
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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.