My Husband is in jail

No kids, no property and a husband in jail for three years equals a divorce in Virginia where you live. You can file a no-fault divorce based on the fact that you have been: Living separately and apart without cohabitation and without interruption for six months without children. Or you can file a fault-based action declaring incarceration as the grounds: imprisonment for one year. The no-fault action might be the easiest method if it is not contested by your spouse.- The Divorce.com Team

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