How do I get divorced from someone who was not incompetant prior to marriage and is now legally incompetant?

I am married to a woman who is legally incompetent but she was not incompetent when we were married. Her parents did not approve of the marriage and they took her away from me and had her declared legally incompetent. Police, who I was told was a lawyer, and even court people told me to stay away from my wife and that we were no longer married. I later came to find out that we are indeed still married. I do not know how to go about getting a divorce with the whole incompetent thing, so how would I go about getting a divorce? There are no property disputes, etc.

Asked on July 9, 2012 under Family Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to either hire a divorce attorney to go through the process of divorce or if you cannot afford one, go to the court in the county in which you live and ask the court if it has lists of free legal services that might be able to help you. Typically, you can file without a reason but if your state is an at fault state, you can file with the theories she is incompetent, abandoned you and the like.  You will have to go through notice requirements and have her served. 

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