QUESTION

i FILED FOR A DIVORCE WHILE I WAS IN JAIL,??...MY WIFE WAS ALSO IN JAIL,..??.

Asked on May 06th, 2012 on Divorce - Virginia
More details to this question:
A YEAR HAS PASTED,..PAPERS ARE STILL FILED BUT SHE CANT BE FOUND,..HOW LONG BEFORE IM DIVORCED?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
The divorce will not get completed on its own, unless you do something to finish it.  Simply filing the initial papers with the court will do nothing to get you divorced.  In cases where a spouse cannot be located, they typically must be served with legal notice by publication in the newspaper in order for you to proceed and finalize the divorce.  This is assuming your wife is no longer incarcerated.  Incarcerated persons must have a Guardian ad Litem appointed by the court to represent their interests.  In addition, you must prepare a Final Order for Divorce.  The court will not prepare it for you.  And a final hearing must be completed, which can often be done out of court by deposition.  All of these things can be completed quickly and easily by an experienced divorce attorney, so I would highly recommend that you consult with one.    This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.      
Answered on May 07th, 2012 at 10:56 PM

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