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Do I have to pay for incarcerated husbands attorney?

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What is the name of your state?What is the name of your state?What is the name of your state? Virginia

My husband is going to go to jail for a third DUI.I plan on filing divorce and propery settlement.I won custody in Juvenile court.
My question is this.Two attorneys told me I would be responsible for my husbands guardian while he is in jail.Does this apply if I am not working? Does this apply if he was convicted TWICE for assault against me, and has a long history of being abusive (I have along list of very good credible witnesses) and does this apply even though he was at fault for the incarceration?

Also what happens if I refuse to pay for hs attorney? Is that a jailable offense? Do I have to sign something saying I agree to pay for the guardian?
 


Shay-Pari'e

Senior Member
Sheri in VA said:
What is the name of your state?What is the name of your state?What is the name of your state? Virginia

My husband is going to go to jail for a third DUI.I plan on filing divorce and propery settlement.I won custody in Juvenile court.
My question is this.Two attorneys told me I would be responsible for my husbands guardian while he is in jail.Does this apply if I am not working? Does this apply if he was convicted TWICE for assault against me, and has a long history of being abusive (I have along list of very good credible witnesses) and does this apply even though he was at fault for the incarceration?

Also what happens if I refuse to pay for hs attorney? Is that a jailable offense? Do I have to sign something saying I agree to pay for the guardian?


A GUARDIAN???????? Do you even know what you are saying?
 
I guess not! A guardian ad litem I mean.The law in Virginia states I am legally responsible when dh is in jail when I file divorce and/or property settlement Even if it's him that got himself locked up for three DUI's,this states laws really stink, I'll tell ya! A "Commmonwealth" good grief!
dh will not agree to anything just to get my goat, and he has the system going in his favor most the time,of course b/c he's a drunk,abusive liar, and man, he is a good liar. They are beginning to see the light. Makes me sick it took so long for the courts to believe the kids and I were in a real abusive situation.But time did improve things, and he is proving what a loser he is.Long story..won't bother u with that.
Sorry for rambling. :(
thank you Paradise for responding ......I really appreciate and love this forum.I even love the smarta$$ remarks ...you all make it fun! :rolleyes:
Now can you answer the question please ;) LOL!!!! :D

Thanks so Much!

Sheri
 

I AM ALWAYS LIABLE

Senior Member
My response:

Why do I have this vision of Sheri in a "sun dress", with a baby on her hip, stirring a pot of squirrel stew over an open flame, with a cigarette hanging out of her mouth, while yelling at her other kids?

Sheri, do you have a single-wide or a double-wide? How many old appliances are in the yard?

IAAL
 

LdiJ

Senior Member
Sheri in VA said:
I guess not! A guardian ad litem I mean.The law in Virginia states I am legally responsible when dh is in jail when I file divorce and/or property settlement Even if it's him that got himself locked up for three DUI's,this states laws really stink, I'll tell ya! A "Commmonwealth" good grief!
dh will not agree to anything just to get my goat, and he has the system going in his favor most the time,of course b/c he's a drunk,abusive liar, and man, he is a good liar. They are beginning to see the light. Makes me sick it took so long for the courts to believe the kids and I were in a real abusive situation.But time did improve things, and he is proving what a loser he is.Long story..won't bother u with that.
Sorry for rambling. :(
thank you Paradise for responding ......I really appreciate and love this forum.I even love the smarta$$ remarks ...you all make it fun! :rolleyes:
Now can you answer the question please ;) LOL!!!! :D

Thanks so Much!

Sheri

Ok...I am a bit confused but I am going to try.

You aren't responsible for any legal fees associated with his criminal conviction unless you signed paperwork agreeing to be responsible.

In VA it is my understanding that GALs (in a divorce/custody) case are paid by the state. I am not even sure why a judge would appoint a GAL in a case where the parent being divorced is incarcerated.

Maybe you need to explain things more carefully?
 
OK
That's what was stated to me when I file for a divorce,I'm sorry.........I didn't explain well at all..dua...the squirrel is sounding pretty good, but the sundress NO! :eek: No babies, and I swear I don't live in a trailer ROFL! I do yell at the kids though and I smoke but dont normally have ciggies hanging outta my mouth :D

It's been stated to me by a couple different attorneys that it's the law here in this state, that I have to pay for his guardian when I file divorce IF AND WHEN he is in JAIL. Doesn't make sense to me either. If it was his fault he was put in jail in the first place, then why would a court give him a lawyer for a divorce when Viginia law also states a spouse who is convicted of a felon and/or is incarcerated a year orlonger is immediate grounds for a divorce? MAKES NO SENSE! But thats what I was told! Even with me not working, I would have to pay for HIM! Two different family attorneys in the area told me that.Maybe they don't know what they are talking about. :confused:

(They can take it out of his share of the house then when it's sold....gee?)

Skrew him, I hope he rots anyway. Three DUI's in alittle over a year= NO SENSE! He goes to court for that tomorrow

Shei in VA
 
I agree, he's a loser too, he goes to court tomorrow.I'll post what he got.HOPEFULLY it will be a learning lesson to others.He will never learn

ps I saw that thread before.........he isn't underage either he almsot 50 years old. After spending 11 years in the pokey on other charges you would think he learned his lesson by now
 

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