Although the process may be somewhat more complicated when your spouse is incarcerated, you can still pursue an uncontested divorce in Virginia, and those circumstances will not prevent you from obtaining a divorce.

Under Virginia law, an inmate is considered to be a person under a “disability” if they have been sentenced to confinement. Due to this “disability,” the court will require the appointment of a Guardian ad Litem (GAL). A GAL is a licensed attorney who is tasked with protecting the interests and rights of inmates who have been sued.

The appointment of a GAL can be requested in the divorce complaint or through a separate motion for the appointment of a GAL. The court will appoint a GAL if your spouse is under a “disability,” and in most cases, you will be responsible for paying the GAL’s fees. However, some courts will accept “waivers” of the GAL by the inmate. Call VFLC to discuss all the facts of your case to determine how to proceed in this situation.