Daleville, VA asked in Divorce for Virginia

Q: What are my rights if I am in jail and my wife is trying to divorce me?

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1 Lawyer Answer
Wayne E. Holcomb
Wayne E. Holcomb
  • Newport News, VA
  • Licensed in Virginia

A: While you are incarcerated, you can always work through family or friends to hire Counsel so that your rights and interests are protected even though you are not able to personally go to your lawyer's office. This is the best plan; your lawyer will come to you. If you are unable to do that however, the Court will appoint a Guardian ad Litem to represent you since, while you are incarcerated, you are considered "incapacitated," in that you are not able to adequately protect yourself. Aside from these complications, your divorce process could be somewhat normal: you can still cooperate with the process or push back, and you can protect your portion of marital assets for example. Our best to you during what must be a very difficult time.

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