In Dinwiddie County, Virginia, a felony conviction can serve as grounds for divorce under Va. Code § 20-91, allowing a spouse to file for divorce without a waiting period if the other spouse has been convicted of a felony and imprisoned for at least one year. Law Offices Of SRIS, P.C.
Felony Conviction Divorce Lawyer in Dinwiddie County, Virginia
Under Virginia law, a felony conviction can be a fault-based ground for divorce. Va. Code § 20-91(3) provides that a divorce may be granted when either party has been convicted of a felony and has been imprisoned for a period of one year or more. This ground allows the innocent spouse to file for divorce immediately, without waiting for the 6-month or 1-year separation period required for no-fault divorces. The conviction must be final and the imprisonment must have lasted at least one year. The divorce is filed at Dinwiddie County Circuit Court, located at Dinwiddie Courthouse, Dinwiddie, VA 23841. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to every case.
Last verified: April 2026 | Dinwiddie County Circuit Court | Virginia General Assembly — official site
For authoritative legal references, consult the following official government sources:
- Va. Code § 20-91 (Virginia General Assembly — official site) — Grounds for divorce, including felony conviction.
- Va. Code § 20-107.3 (Virginia General Assembly — official site) — Equitable distribution statute, personally amended by Mr. Sris.
In Dinwiddie County Circuit Court, prosecutors and judges are familiar with felony conviction divorce cases. We have observed that the court requires strict proof of the conviction and the length of imprisonment. The certified copy of the conviction order must be presented, and the court will verify that the imprisonment lasted at least one year. Our experience shows that having a properly documented case from the start can significantly simplify the process.
- Obtain a certified copy of the felony conviction order from the court where the conviction occurred.
- Verify that the imprisonment lasted at least one continuous year.
- File the complaint for divorce at Dinwiddie County Circuit Court.
- Serve the incarcerated spouse with the divorce papers through the sheriff or process server.
- Attend the final hearing to present evidence of the conviction and imprisonment.
- Obtain the final decree of divorce from the court.
In Dinwiddie County, a felony conviction divorce under Va. Code § 20-91(3) allows the innocent spouse to file immediately, with no waiting period, but the convicted spouse may face consequences related to property division, spousal support, and child custody.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault-based ground under Va. Code § 20-91(3) | 1+ year imprisonment (required for ground) | N/A (criminal penalties separate) | N/A | May affect equitable distribution, spousal support, and child custody |
Results may vary.
Law Offices Of SRIS, P.C. has 24 documented results in Dinwiddie County: 5 dismissed or not guilty, 18 reduced or amended — a favorable-outcome rate of 96%. Results may vary. These results include cases in traffic, criminal, and drug offense categories, demonstrating the firm’s ability to achieve favorable outcomes across multiple practice areas.
Our location in Richmond, VA is approximately 35 miles from Dinwiddie County Circuit Court, with access via I-85 and Route 1. Serving the communities of Dinwiddie and McKenney. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (804) 201-9009 | Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Dinwiddie County
How long does a divorce take in Dinwiddie County, Virginia?
It depends. Uncontested divorces typically resolve in 2-6 months after filing at Dinwiddie County Circuit Court, depending on mandatory separation periods and court calendar. Contested divorces routinely take 9-18 months. Law Offices Of SRIS, P.C. handles complex matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Dinwiddie County, Virginia?
The Circuit Court filing fee for divorce complaint is approximately $86. Additional costs include sheriff service of process ($12), private process server ($50-$100), Guardian ad Litem for custody ($500-$2,500+), and mediation ($100-$300/hour per party).
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). Dinwiddie County Circuit Court handles all property division.
How is child custody decided in Dinwiddie County, Virginia?
Custody is based on the experienced 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. Dinwiddie County J&DR Court handles standalone custody matters.
What are the grounds for divorce in Virginia?
No-fault: 6-month separation (no minor children + signed agreement) or 1-year separation. Fault grounds include adultery (no waiting period), cruelty, desertion (1 year), and felony conviction with 1+ year imprisonment. Filed at Dinwiddie County Circuit Court.
How does a Virginia lawyer defend against felony conviction divorce charges?
Defense strategies for felony conviction divorce in Virginia may include challenging evidence, examining procedural compliance, negotiating with prosecutors, and presenting mitigating factors. An experienced attorney evaluates the specific facts under Va. Code § 20-91 to build the strongest possible defense.
What should I do if I am facing felony conviction divorce charges in Virginia?
If facing felony conviction divorce charges in Virginia, contact a family law attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under Virginia law require prompt action.
What are the penalties for felony conviction divorce in Virginia?
Penalties for felony conviction divorce in Virginia depend on the specific charges, prior record, and circumstances. Under Va. Code § 20-91, consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
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Last verified: April 2026 | Page generated: 2026-04-30