My Husband is in jail, I want to get a divorce will he have say in it?

Aug 8, 2012 by

Question: 

My Husband is in jail – if I wanted to get a divorce will he have say in it?

State: 
Virginia

Answer: 

That depends on several factors. If your husband decides to contest the divorce he has the right to be heard by the court but that doesn’t mean his views will be shared by the judge. If he has been or will be incarcerated for more than one year – you can use that as the grounds for your Virginia divorce. It will be an easier process if your spouse does not contest the divorce of course. If you do not have kids or a lot of property that must be divided, it could be simple. Otherwise you may be looking at a bit of a battle. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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