Legal Question in Family Law in Virginia

Re: Is Divorce Possible during coma?

The question is interesting! If you will pardon me for taking a GUESS at the answer, I would say that you would have to petition the court to appoint a guardian and also a guardian ad litem.

Its all quite expensive but some breaks are given to "indigents". The procedures are very strict but they are set forth in much detail in the Virginia Code, 1950, as amended. The approximate time required to get this done is 60 to 100 days.

Following that, suit papers could be filed upon the Guardian.

Re: Is Divorce Possible during coma?

The short answers are yes and yes.

It is possible to divorce a person in a coma, though the other legal requirements for a divorce must still be met, of course. While the mental state of a person is not itself a direct bar to divorce, it is certainly a factor which will complicate the case, to say the least.

If you sue for divorce, the Court will appoint a "Guardian ad litem" to represent the legal insterests of the spouse in the coma. It is quite possible that a court could refuse to grant the divorce, depending upon the circumstances of the case and the medical condition of the patient.

Time is certainly a factor. If the patient only recently slipped into a coma and there is any reasonable chance that he or she may recover, a court may be justified in delaying a judgment until the medical situation is more settled. If the person has been in a coma for a long time, a judge might be more inclined to grant a divorce as long as the requirements of the law are met.

In any case, a divorce against a person in a coma is going to be a complex litigation, requiring much advice and consideration by a legal professional. I recommend that you contact an attorney as soon as possible.

Re: Is Divorce Possible during coma?

I'm sure it's possible to obtain a divorce under these circumstances, but the length of the comatose state, is, obviously, key here, and, if it's been only a few weeks, or even a month, I'm sure a much more substantial length of time would be required along with a statement from the attending physician that the comatose spouse is not expected to return to consciousness.