Can I file my own divorce papers if my husband is in jail?
Asked on Apr 28th, 2011 on Criminal Law - Michigan
More details to this question:
I was married on April 28th 2009. Two weeks later my husband was arrested. We have been separated since. I now want to end the marriage. My friend filled out his divorce papers online for free. Would I be able to fill out my own divorce papers with my husband being in jail?
Yes. It may be a little more difficult to have him served the paperwork if he isn't willing to cooperate, but the fact that he is jail doesn't prevent the case from going forward.
In my area, you can file (there is no requirement that the husband file), however you cannot file online and you likely cannot file for free. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Yes. However, most people need legal help with such a case. If you cant afford to hire an attorney, at least hire a document preparation service local to you. Check them out to find a competent one that is reasonably priced.
Yes you can. But you will have to have someone other than you serve the papers on him. An easy way to do this is to wait for a court date and have a friend hand it to him there (ask the Judge's permission or the Bailiff's permission first. Do NOT have your new boyfriend serve him. That would be a very bad idea.
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