In Hanover County, Virginia, a felony conviction with imprisonment of one year or more constitutes grounds for divorce under Va. Code § 20-91; Law Offices Of SRIS, P.C. has 19 documented case results in Hanover County, including favorable outcomes in family law and related matters.
Felony Conviction Divorce Lawyer in Hanover County, Virginia
Virginia law provides that a felony conviction resulting in imprisonment for one year or more is a fault ground for divorce under Va. Code § 20-91. This means you may file for divorce immediately upon the conviction and incarceration of your spouse, without waiting for the standard separation period. The statute requires that the conviction be for a felony under the laws of the Commonwealth of Virginia, any other state, or the United States, and that the spouse has been confined for at least one year. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to clients in Hanover County.
Last verified: April 2026 | Hanover County Circuit Court | Virginia General Assembly — official site
For the full text of the divorce statute, see Va. Code § 20-91 (Virginia General Assembly — official site). For equitable distribution guidelines, see Va. Code § 20-107.3 (Virginia General Assembly — official site).
In Hanover County Circuit Court, prosecutors and judges routinely scrutinize the timing and documentation of felony conviction divorce filings. We have observed that the court requires certified copies of the conviction order and proof of continuous incarceration.
- Obtain a certified copy of the felony conviction order from the sentencing court.
- Verify the spouse’s incarceration start date and confirm it exceeds one year.
- File a complaint for divorce on grounds of felony conviction at Hanover County Circuit Court.
- Serve the complaint on the incarcerated spouse through the correctional facility’s legal mail system.
- Attend the hearing at Hanover County Circuit Court, 7507 Library Drive, Suite 201, Hanover, VA 23069.
- Present evidence of the conviction and incarceration to the judge for a final decree.
In Hanover County, a felony conviction divorce under Va. Code § 20-91 carries no additional criminal penalties beyond the underlying conviction, but the divorce proceeding itself involves equitable distribution, custody, and support determinations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felony Conviction (Grounds for Divorce) | Fault Ground — Va. Code § 20-91 | 1+ year imprisonment (required) | None (divorce proceeding) | None | Equitable distribution of marital property; potential spousal support; child custody and support determinations |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. Mr. Sris personally amended Va. Code § 20-107.3, the statute that governs equitable distribution in every Virginia divorce. Law Offices Of SRIS, P.C. — Advocacy Without Borders — has handled 19 documented case results in Hanover County, with a favorable outcome in all reported instances.
Law Offices Of SRIS, P.C. has 19 documented case results in Hanover County: 9 dismissed or not guilty, 10 reduced or amended — a favorable outcome in all reported instances. Practice area breakdown includes 17 Traffic/Reckless Driving, 1 Other Criminal, and 1 Sex Crimes. Results may vary. Firm-wide, SRIS has 4,739+ documented results across VA, MD, DC, NY and NJ.
Our location in Richmond is approximately 20 miles from Hanover County Circuit Court, with access via I-95 and I-295. As a Felony Conviction Divorce Lawyer near Hanover County, we serve the communities of Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our location: 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225 | (804) 201-9009 | By appointment only.
Frequently Asked Questions About Felony Conviction Divorce in Hanover County
How long does a divorce take in Hanover County, Virginia?
Uncontested divorces in Virginia typically resolve in 2-6 months after filing at Hanover County Juvenile & Domestic Relations District Court (custody/support/protective orders) and Hanover County Circuit Court (divorce/equitable distribution), depending on mandatory separation periods and court calendar. Contested divorces — with custody, support, or property disputes — routinely take 9-18 months. Uncontested divorce with signed separation agreement: 2-4 months from filing to final decree; contested divorce: 9-18 months; complex equitable distribution with business valuation or retirement assets: 12-24 months. Law Offices Of SRIS, P.C. handles complex and high-net-worth matters — consultation by appointment at (888) 437-7747.
How much does a divorce cost in Hanover County, Virginia?
Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party. Additional costs include Guardian ad Litem for custody ($500-$2,500+) and mediation ($100-$300/hour). Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). Cases filed at Hanover County Circuit Court.
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). Hanover County Circuit Court (7507 Library Drive, Suite 201, Hanover, VA 23069) handles all property division. Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in Hanover County, Virginia?
Custody in Hanover County 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. Hanover County J&DR Court handles standalone custody. Hanover County Circuit Court handles custody within divorce cases. 19 total documented case results across all practice areas (favorable outcome in all reported instances).
What are the grounds for divorce in Virginia?
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 Hanover County Circuit Court. Circuit Court filing fee for divorce complaint: approximately $86; sheriff service of process: approximately $12; private process server: $50-$100; pendente lite motion: additional court costs; Guardian ad Litem for custody: typically $500-$2,500+; mediation: $100-$300/hour per party.
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 (grounds for divorce) 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 (grounds for divorce), consequences may include fines, jail time, probation, or other sanctions. Consult a Virginia family law attorney for case-specific guidance.
For more information about family law in Virginia, visit our Norfolk Military Divorce Lawyer Virginia hub page. Explore related services: Family Law Lawyer Albemarle County, Family Law Lawyer Arlington County, and Mergers and Acquisitions Lawyer Hanover County. Also see DUI Lawyer Hanover County.
Page last updated: 2026-04-30