Pro se, default, no fault...

What is the name of your state? Was VA now CO

Please don't think me stupid, but I'm so confused! I was married in VA in 1002 to a man who was convicted of aggravated sexual battery against my daughter and was imprisoned in 1998. He was released in 2001, and (obviously) we have lived apart since 1998. I was unable to divorce him while he was incarcerated but am desperate to do so now.

The marriage took place in VA, and I have since relocated to CO. I want the fastest divorce possible, and since he is a convicted felon, that should be easy. One possible obstacle is that no one knows where he is, so he could not be "served."

Can I go to the clerk of court in CO to get a divorce in VA? What KIND of a divorce am I looking for? I hope someone can please point me in the right direction.

jnatoli said:

What is the name of your state? Was VA now CO

Please don't think me stupid, but I'm so confused! I was married in VA in 1002 to a man who was convicted of aggravated sexual battery against my daughter and was imprisoned in 1998. He was released in 2001, and (obviously) we have lived apart since 1998. I was unable to divorce him while he was incarcerated but am desperate to do so now.

The marriage took place in VA, and I have since relocated to CO. I want the fastest divorce possible, and since he is a convicted felon, that should be easy. One possible obstacle is that no one knows where he is, so he could not be "served."

Can I go to the clerk of court in CO to get a divorce in VA? What KIND of a divorce am I looking for? I hope someone can please point me in the right direction.

Click to expand...

If you satisfy the CO residency requirements, you can file for divorce in CO. (It makes no difference where the marriage took place.) You said that he " was convicted of aggravated sexual battery against my daughter." Is that daughter from a prior marriage or is the child of this marriage? Divorces are more complicated (i.e. more paperwork involved) when there is a child of the marriage. Most family law lawyers will give a free consultation. Call around and see if you can get a free legal consultation regarding court cost, attorney's fees, time frame etc.. While personal service of process is preferable there are several alternatives, including service by publication.

Pro se, default, no fault..

Thanks so much for the reply. My daughter is from a previous marriage, and was never formally adopted by the pervert. I take it that this is not something I could handle myself through the clerk of court? Would you kindly explain what service by publication is and how that works?