Legal Question in Family Law in Virginia
i want to file a divorce pro se.. I tried to get my ex ( we have been separated for over 1 yr we have a child together and she is currently in jail for 4 separate felony charges) to sign the divorce degree so we could file uncontested however she signed them and hand wrote a nice note contradicting what was in the papers about custody of our child. i know i can not file these, but now i need to know can i file a contested divorce w her being in jail the same way i would if she wasnt locked up or how do i have to file for this now?
2 Answers from Attorneys
Lawyers can answer general questions. But we are not suppose to teach non-lawyers to perform our jobs. I wish you the best. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.
Filing against an incarcerated person is much more complicated than if the defendant were not incarcerated. For starters, it requires that the incacerated defendant have a guardian ad litem appointed for him or her, and the plaintiff has to pay for the guardian ad litum. It would be wise to seek the counsel of an attorney for your case.
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