Legal Question in Family Law in Virginia
Can a annulment be granted if one party married another party while that party was in prison. They never lived together, the marriage was never consumated and the one party is still in prison. The marriage has been 12 yrs. long. The party in prison refuses to sign a divorce, but is willing to sign an annulment.
1 Answer from Attorneys
If you've been married for 12 years, doesn't appear that you can get an annulment. Nor is the incarceration grounds for divorce if imprisoned spouse convicted of felony prior to marriage.
You should be able to obtain a divorce on the grounds of 12-month separation whether or not the imprisoned spouse is willing to sign anything or not.
If you don't want to be married anymore, you need to get a lawyer and file for a divorce.
Good luck.
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