Legal Question in Family Law in Virginia
Divorce
How do I obtain a divorce when my spouce is incarcerated and will not sign the paperwork. She filed through legal aid and I now cannot file through them. I do not have a lot of money, but need this divorce to move on with my life and marry the right woman for me. My soon ex-wife and I have a son together and she had a daughter outside of our marriage since our separation. I was ordered by the courts, since I am still married legally to her, to pay child support for my biological son and her new daughter simply because I am sill legally married to her. I need to know how to obtain this divorce as soon as possible even though I do not have a lot of money to spare. Please help me. Thank you.
1 Answer from Attorneys
Re: Divorce
You should not be held responsible for the support of a child fathered by someone else unless you've adopted the child.
Your wife's complaint for divorce cannot remain pending forever (probably no more than six to twelve months at the most), and if it is not finalized by the elapse of this time period, it should then be subject to dismissal.
Then you could file your own divorce pro se.
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