Divorcing a prisoner

If your spouse is incarcerated then he is considered legally incapacitated and would have to have a guardian ad litem appointed on his behalf to protect his interests.  This is true even if he is not contesting anything in the divorce.  Appointing a GAL is not complicated, but it would probably be worth it for you to just hire a lawyer to take care of this for you.  It doesn't have to be expensive, if there is no property in dispute.  But you woudl be responsible for the GAL fees, as well.  A preliminary question is whether you last lived together in Virginia or in California.  Because, if California, then you probably need to file there.  While he could consent to jurisdiction in Virginia it might make things more complicated for the GAL to contact him.  May be best to do the divorce in California.  But if you have no connection to California it could be done here.