Legal Question in Family Law in Virginia

Divorce and Incarceration

My boyfriend told me that he was divorced from his wife who is incarcerated in a VA state facility. It seems as if they are not divorced legally, just seperated. He says that he was told by a lawyer that he didn't have to petition for divorce and that he could just remarry since she is incarcerated. I do not believe this is so. Can you help me with the legal truth?


Asked on 4/29/02, 3:29 pm

2 Answers from Attorneys

Robert Beard Attorney at Law

Re: Divorce and Incarceration

You are correct. While Va. Code sec. 20-91 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-91) provides that incarceration for a felony can be grounds for divorce, the divorce must still be granted by the court pursuant to a petition.

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The answer to the question above does not constitute the establishment of an attorney-client relationship. The information provided is general in nature, and is not intended to, nor is there any representation that it does, meet your legal needs. You are not being advised to take or not to take any action pursuant to this general information. You are strongly encouraged to obtain the services of legal counsel to pursue any legal rights and remedies you may have. The Virginia Lawyers Referral Service can provide you with a referral to an attorney who will give you an initial one-half hour consultation for a maximum fee of $35. This may prove to be a very valuable investment.

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Answered on 4/29/02, 4:11 pm
Gregg Manes Gregg A. Manes, Esq.

Re: Divorce and Incarceration

Under Ohio law, being in prison does not mean that you are automatically divorced. Who is he trying to fool. Only the Court can grant a divorce. Being separate and apart for a year or more or being incarcerated is grounds for divorce.

Good Luck!!!!!!

Gregg Manes

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Answered on 4/30/02, 9:43 pm


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