Divorce Case Special Circumstances: Divorcing an Inmate

Posted on May 12, 2012 by Hofheimer Family Law

The process of filing a Virginia divorce case when your husband is in jail can complicate matters, which is where a divorce attorney can help.

Divorcing an inmate is not an easy process. While there typically is not any special paperwork necessary to divorce an inmate, getting a normal divorce case filed can take additional time as you wait for correspondence from your soon-to-be ex-husband.

Unlike a normal divorce case, divorcing an inmate may mean you have to wait longer to have the important meetings necessary to create agreements for child custody, alimony, and marital property division. On the other hand, conviction of a crime where a spouse is imprisoned for a term of 12 months or longer is considered legal grounds for divorce in Virginia. This means that when filing for divorce from an inmate, your claim will hold more power.

If you are an inmate and seeking to divorce your husband, you also have the right to do so. However, you will most likely run into a much lengthier battle. It can be difficult for inmates to secure the services of a divorce attorney while in jail, so you may need to speak to your criminal defense attorney first for advice on your rights to file divorce when imprisoned.

In any situation, it is best to seek the advice of a Virginia divorce attorney to discuss your rights and options for divorce when one spouse is incarcerated. Both parties have rights unique to this situation that can complicate a divorce case if not handled by a legal expert in Virginia divorce law.

A Women’s Divorce Attorney Best Understands Your Divorce Case

There are many situations that need to be handled differently in the eyes of the wife when settling a divorce case. It’s important to have a divorce attorney who understands a woman’s needs and rights in the divorce process to make sure she makes the best decisions possible.

At Hofheimer Family Law Firm, we provide family law and divorce support for women only, allowing us to focus on the unique needs of women that find it necessary to undergo legal separation or complete divorce from their husbands. To schedule a consultation with our attorneys and learn how we can help, HYPERLINK “http://www.virginiadivorceattorney.com/contact.cfm” contact us today – 757-425-5200.