This is a tricky question and we, American Lawyer’s Group, are here to help you understand this in a way that makes much more sense for you. We have Divorce Lawyers in Northern Virginia that will help you in this difficult situation.
We are here to help you in any way if you are confused about divorcing your spouse who is in prison and has been convicted of a felony in Virginia.
We know that every story, marriage, and divorce is different. If you are looking into a way to know how to divorce your spouse who is in prison in simpler terms and to know the certain laws, paperwork, then keep reading.
What laws you should know:
What are the Grounds for Divorce in VA?
(VA. Code § 20-91. (2024).
In Virginia, there are several legal grounds for divorce. This means that there should be a reason why you are seeing a divorce from your incarcerated spouse. These legal grounds consist of:
Fault-based grounds
No-fault ground: separation and not living together for ONE year
What are Fault-based Grounds in VA?
Fault-based grounds consist of:
Abandonment: Willingly left and deserted you for more than ONE year
Felony Convictions: at least ONE year in prison
Cruelty: Caused bodily harm to you
Adultery: Had sexual intercourse with someone who isn’t you
These fault-based grounds show that your spouse’s actions during the marriage was the reason to seek divorce. So, if your spouse has been convicted of a felony for more than ONE year and you have not lived with them after knowing of their felony conviction then you can get a fault-based divorce.
If none of this applies to how your spouse in jail hasn’t committed any legal grounds for divorce that aligns with fault-based grounds in Virginia. Don’t lose hope, you can still get a divorce! Our Divorce Lawyers in Virginia specialize in helping you with this and getting you a divorce.
In Virginia, there are other ways to get a divorce if your situation does not align with fault-based divorce. You can go through the process of an uncontested divorce or contested divorce which will not prohibit you from divorcing your incarcerated spouse.
What is an Uncontested Divorce in VA?
A divorce that can be granted by the Court if you and your spouse agree on all aspects and terms of divorce:
Child Custody: Children below 18 or has not graduated high school
Spousal Support: The higher earning spouse pays to support the lower-earning spouse
Outstanding Debts: Any debts that were accumulated among both spouses
Division of Properties: Any properties jointly owned
This means that you both agree through a separation agreement the split of all aspects and terms of the divorce through your lawyer and your incarcerated spouse’s Guardian ad Litem in which they represent them through the divorce proceedings.
What are the Requirements for Uncontested Divorce in VA?
Requirements for uncontested divorce:
– You or your spouse needs to be a resident of Virginia for at least SIX months
– Separated for at least ONE year
– Pay for your spouses Guardian ad Litem fees
– Separation Agreement
There are many requirements that are needed for an uncontested divorce. This includes specific paperwork that your lawyer should file during the divorce.
The paperwork includes:
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It is best to contact us. We have Divorce Lawyers in Virginia that specialize in divorce law and will help you with the paperwork.
What is a Guardian ad Litem?
(VA. Code § 8.01-9. (2024).
A Guardian ad Litem is an attorney-at-law that is appointed by the court to help a person with a disability understand their rights and represent them through the divorce proceedings. Under Virginia law, an inmate is considered to be a person with a disability hence the right to have a Guardian ad Litem to represent them through the divorce proceedings. The Guardian ad Litem helps the inmate understand their rights and represent them through the divorce proceedings. You would most likely need to pay the fees of the Guardian ad Litem but you could get it waived if your incarcerated spouse was convicted of assaulting, injuring, or sexually abusing you or your child.
What is a Contested Divorce in VA?
(VA. Code § 20-107.3. (2024).).
If you and your spouse disagree on any matters during the divorce and the separation agreement then you can both go through with a contested divorce which leaves it for a judge to decide the settlement between you and your incarcerated spouse for the divorce. The Circuit Court of Virginia now decides the division of child support, spousal support, debts, and properties.
More Questions?
If you have any more questions or if you are in need of help, then Contact Us now to schedule an appointment with our Divorce Lawyers who practice in Virginia. Call us at 703-786-8340 to talk to us more about your situation.
Disclaimer: This article is not actual legal advice and is only meant for blog/content purposes.