21. My spouse is in jail. Can I still get a divorce?
Yes. By Virginia law, the court must appoint your spouse a Guardian Ad Litem (attorney) to represent his/her interests, if your spouse is facing more than 1 year of incarceration or has committed a felony. There is an additional charge for this Guardian Ad Litem. He will contact your spouse, forward the Waiver of Service of process to him/her, and explain your spouse’s rights to him/her. Please CONTACT US to discuss your situation more fully and our requirements.
Divorce by Affidavit is not available if you or your spouse is incarcerated. The Court will require a short hearing on the issues of the divorce (where each of you live, when you married and separated, etc.), and we will conduct this hearing in our office rather than at the courthouse. After the hearing, we will prepare a written transcript of the hearing testimony, as well as the Final Decree of Divorce, and submit them to the Court for the judge’s signature.
22. I’m in jail. Can I still get a divorce?
Yes. Salvado Law has represented clients incarcerated in Virginia jails. The client will need at least two witnesses outside of jail who are willing to come to testify at the hearing, and who will act as the client’s contact outside of jail. We can make arrangements to send the necessary paperwork to the client in jail, and conduct most of our work through letter or email correspondence. Please complete the information form at START HERE, and our office will be in further contact with you to discuss your situation.
Divorce by Affidavit is not available if you or your spouse is incarcerated.
23. Why should I choose Salvado Law over an online document preparation service or over handling my own divorce?
We provide you full service, personalized attention from our respected attorneys, and generally accomplish your divorce with little hassle and without the necessity of your court appearance, at a price after costs which approximates that of some of the document preparation services. Because of the intricacies of local court practices and the sometimes changing nature of procedural requirements, it is often difficult for persons to handle their divorce without the assistance of a qualified attorney. While it may be relatively simple to file a complaint it generally must be customized for your individual situation, depending on such factors as whether you have children, are incorporating a property settlement agreement, are requesting child or spousal support, or division of property. We have found that many persons are unable to complete their divorce in a timely manner because of the difficulty in accomplishing all the technical steps of their divorce, including presenting evidence to prove the allegations and the filing of an appropriate divorce decree with a private addendum. While we are not in the practice of evaluating the efficacy of other services, we have seen from past clients who have first tried the online preparation route that they have wasted time and money before having us efficiently and successfully handle their divorce.
24. Will my divorce be considered valid outside the United States?
Under Virginia law you may obtain a divorce irrespective of the state or country wherein you married. Although some countries will honor an American divorce under the principle of comity extant in international law, other countries may not. If you are seeking a divorce that is valid in another specific country, we recommend you consult with an attorney who is certified to practice law in that country or the applicable local embassy to determine whether your Virginia divorce will automatically be valid, or must be enrolled through a civil process in the foreign country, or will not be recognized at all.