Virginia Info

Virginia Divorce Start Your Divorce Find Professionals Virginia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Virginia Products Divorce by County

Virginia Articles

Agreements Attorney Relationship Custody & Visitation Child Support Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

Virginia Divorce Support Virginia Divorce Online

How to Divorce Your Spouse if They Are Incarcerated

In Virginia, if your spouse is convicted of a felony and is sentenced to a period of incarceration of more than 12 months, this is grounds for divorce. Even if your spouse is incarcerated for a lesser period of time, if you meet the other grounds for divorce you can still file for divorce. In either case, the procedure is a little different.

Since under Virginia law, the inmate is a person under a "disability" they are entitled to a Guardian ad litem ("GAL"). The Court will appoint a Guardian ad litem but you will be responsible for paying for their services. The Guardian ad litem is a private attorney who will make sure that the inmates rights are not violated during the divorce. In most cases, your divorce attorney will work with another divorce attorney who will accept these type of cases. In my instance, there are a few attorneys that I work with where I will become a Guardian ad litem for their clients and they will become a Guardian ad litem for mine. It seems to work well.

The Guardian ad litem will contact the inmate and then file an answer on their behalf. The case then generally proceeds as if the opposing spouse was not incarcerated.


Was this helpful? Like our site & let us know.

Related Articles


Start Virginia Divorce Start Your Virginia Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Virginia Divorce Find Virginia Divorce Professionals in Your Area:
Join the Network
Virginia Divorce Products, Services and Solutions Virginia Divorce Products, Services and Solutions
Virginia Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Virginia Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
Virginia calculates child support on the Income Shares model, which bases the level of support on the combined income of both parents. In any proceeding on the issue of determining child support, the court may order health care coverage for dependent children and for a spouse or former spouse, and it may order a party to maintain any existing life insurance coverage.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Virginia Divorce

 

Settle Your Divorce Negotiate Your Virginia Divorce

 

Support Forum Virginia Support Forum


FEATURED TOOL - How to Stop Your Divorce (Even When You Think its Too Late)


Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"