Legal Question in Family Law in Virginia

How do I divorce a person who is in prison ? We have been separated for years and i would like to move on with my life. How do i start the process of getting a divorce from the inmate ? Would I have to pay for him a lawyer ?


Asked on 3/01/11, 2:09 pm

1 Answer from Attorneys

Paul B. Ward Law Offices of Paul B. Ward

Under Virginia law, a person who is in prison is "under a disability", which requires having a guardian ad litem appointed for him or her to represent the incarcerated spouse's interest in the divorce action. Usuall the guardian ad litem is an attorney, and you would be responsible for the payment of the guardian ad litem's fees.

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Answered on 3/02/11, 8:28 am


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