Legal Question in Family Law in Virginia
Can step-children of a married couple file for divorce on behalf of one parent that may be ill enough not to know if they are filing or if he even wants to file? The couple is not together though not legally separated and it looks like the children want to have the father divorce the wife to get his assets as his health is failing.
Asked on 12/15/09, 7:14 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Children, whether of the step variety or biological, cannot file divorce petitions
in behalf of their parents, unless they're attorneys and represent the parent(s) in a legal capacity as lawyers.
Answered on 12/20/09, 8:05 am