I married him while incarcerated. He's still incarcerated!

Since you knew of his criminal history at the time you married him, that is not grounds for an annulment.  Had he concealed a felony conviction from you at the time of marriage, that would be grounds for an annulment, if filed within two years of the date of marriage.  Failure to consummate the marriage is also not grounds for an annulment. However, there is nothing stopping you from getting a simple divorce.  Since he is incarcerated, he is considered an incapacitated person under the law and therefore a Guardian ad Litem (GAL) would have to be appointed for him.  Since he is not in a position to pay for it, you would be responsible for the guardian's fees.  Depending on how much your husband fights the divorce, the attorney and GAL fees could be minimal or they could be extensive.  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. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.