Northern Virginia Family Law Firm Focuses on Divorce Issues

Arlington, Virginia Divorce Lawyer Represents Divorcing Parties

Virginia routinely mandates a year long waiting period before a divorce can be granted. Incarceration, however, is an exception and under Virginia law, one can seek an immediate divorce if the plaintiff can establish the following:

• Either of the parties to the marriage has been convicted of a felony.
• The party convicted was sentenced to confinement for more than one year.
• Cohabitation has not been resumed after knowledge of such confinement.

The felony conviction must have occurred after the parties were married, and the felon must have actually been incarcerated for some period of time for the offense committed. If the felon was convicted but immediately given probation instead of jail time, neither spouse can use incarceration as a ground for divorce.

Guardian Ad Litem

A court will not grant a divorce until an attorney is appointed for the incarcerated spouse. Known as a guardian ad litem, the attorney represents the inmate’s interest in the divorce. The spouse seeking the divorce will be required to pay for the guardian ad litem unless the crime involved physical violence, sexual assault, or sexual abuse against the spouse, child, or stepchild.

Although spouses of inmates often initiate the divorce proceedings, it is within the rights of the incarcerated spouse to sue for divorce from prison.

Contact an Experienced Virginia Divorce Attorney Today

Virginia Attorney Claudia Zucker has been representing divorce clients in the Commonwealth for more than two decades. Contact our firm online or call (703) 596-1005 to schedule your initial consultation today.