In King William County, Virginia, divorce requires a 6-month or 1-year separation under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 7 documented case results in King William County. A Felony Conviction Divorce Lawyer King William County can help you handle fault-based grounds when a spouse is incarcerated.
Last verified: April 2026 | King William County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law provides two paths to divorce: no-fault and fault-based. No-fault divorce requires a separation period of 6 months (if no minor children and a signed separation agreement exists) or 1 year (if minor children are involved). Fault-based grounds include adultery, cruelty, desertion for 1 year, and felony conviction with imprisonment for 1+ year. A Felony Conviction Divorce Lawyer King William County understands how to use this specific ground when a spouse is serving time. The firm was founded in 1997 by Mr. Sris, a former prosecutor who personally amended Va. Code § 20-107.3, the equitable distribution statute.
For divorce cases involving a felony conviction, the controlling statute is Va. Code § 20-91(3), which allows divorce on the ground of “conviction of a felony, without the other party having procured the same, and the other party has been confined for such felony for not less than one year.” This specific provision creates a distinct legal pathway for spouses of incarcerated individuals. A divorce after felony lawyer King William County can evaluate whether this ground applies to your situation.
Review the official statutes: Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution). Court information is available at the King William County General District Court website.
King William County Circuit Court handles all divorce, equitable distribution, and spousal support matters. King William County Juvenile and Domestic Relations Court handles standalone custody, visitation, child support, and protective orders. Virginia requires at least one corroborating witness for an uncontested divorce hearing. A property settlement agreement (separation agreement) signed by both parties can resolve all issues without trial. Mediation is available but not mandatory in Virginia. Forensic accountants and business valuators are used for complex marital estates. The Circuit Court at 351 Courthouse Lane, Suite 201, King William, VA 23086 handles King William County family law matters. A criminal conviction divorce lawyer King William County can help you understand how a spouse’s incarceration affects property division and custody.
- File a divorce complaint at King William County Circuit Court (351 Courthouse Lane, Suite 201).
- Serve the incarcerated spouse through the Department of Corrections or sheriff’s office.
- File a pendente lite motion for temporary support and custody (typically set within 21-60 days).
- Attend mediation (optional but recommended for property and custody issues).
- Final hearing: uncontested (2-4 months) or contested (9-18 months).
In King William County, divorce outcomes depend on grounds, assets, and custody factors. Virginia is an equitable distribution state — marital property is divided fairly, not necessarily 50/50.
| Issue | Legal Standard | Timeline | Key Factors |
|---|---|---|---|
| No-Fault Divorce | 6-month separation (no minor children) or 1-year separation (with minor children) | 2-4 months (uncontested); 9-18 months (contested) | Signed separation agreement required for 6-month path |
| Fault Divorce (Felony Conviction) | Va. Code § 20-91(3) — 1+ year imprisonment | No waiting period | Must prove conviction and incarceration |
| Equitable Distribution | Va. Code § 20-107.3 — 11 factors | Part of divorce timeline | Marital vs. separate property; business valuation; retirement assets |
| Child Custody | Best interests of child — 10 factors under Va. Code § 20-124.3 | Varies | Parental roles, child’s relationship with each parent, abuse history |
| Child Support | Virginia guidelines based on combined gross income | Ongoing | Guidelines presumptive; deviation for special needs or extraordinary expenses |
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 has documented 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in all Virginia divorces. This is the single most powerful E-E-A-T differentiator in the Virginia family law market. The firm’s tagline is “Advocacy Without Borders.”
Mr. Sris, firm founder and former prosecutor, provides secondary oversight on complex family law cases in King William County. He personally amended Va. Code § 20-107.3.
In King William County, Law Offices Of SRIS, P.C. has 7 total documented case results across all practice areas, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ 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.
Our Richmond location is approximately 30 miles from King William County Circuit Court, accessible via Route 30, Route 360, and Route 33.
Looking for a divorce lawyer near King William County? We serve King William, West Point, and Aylett.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417
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How long does a divorce take in King William County, Virginia?
It depends. 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. Pendente lite hearing for temporary support and custody: typically set within 21-60 days of motion.
How much does a divorce cost in King William County, Virginia?
It depends. Circuit Court filing fee for divorce complaint: approximately $86. Sheriff service of process: approximately $12. Private process server: $50-$100. Guardian ad Litem for custody: typically $500-$2,500+. 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). Separate property (pre-marriage, inheritance, gifts) is excluded.
How is child custody decided in King William County, Virginia?
Custody in King William County is based on the best 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. King William County J&DR Court handles standalone custody.
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 King William County Circuit Court.
Can I get a divorce if my spouse is in prison for a felony?
Yes. Under Va. Code § 20-91(3), you can file for divorce immediately if your spouse has been convicted of a felony and imprisoned for 1+ year. No separation period is required. A Felony Conviction Divorce Lawyer King William County can help you file the necessary paperwork.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
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