QUESTION
Can he dispute a divorce if I file papers while imprisoned?
Asked on Nov 08th, 2014 on Divorce - Florida
More details to this question:
My husband was arrested last night and is facing prison time.
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Just being in jail does not cause a forfeiture of divorce rights. He can participate but its very difficult.
Answered on Nov 11th, 2014 at 10:06 AM
John Arthur Smitten
No. It only takes one person to get a divorce whereas it takes 2 people to get married. Use of a lawyer is recommended.
Answered on Nov 11th, 2014 at 10:05 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, someone can dispute a divorce from prison, but if he just got arrested last night, it might be a long time before he is actually in prison. You should consult with a local family lawyer.
Answered on Nov 10th, 2014 at 10:17 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, incarcerated persons have the same rights as non-incarcerated persons when it comes to notice, due process, and an opportunity to be heard. Therefore, he can dispute anything he wishes to dispute in a divorce case. Whether or not he will be successful is a matter for the judge to determine.
Answered on Nov 10th, 2014 at 6:07 PM
Divorce is NO-FAULT. He cannot dispute a divorce, but he can fight for his half of the marital property and his rights as a parent, if he is, and other items that are considered as part of a divorce. Good luck.
Answered on Nov 10th, 2014 at 6:05 PM
Eduardo Julio Mejias
Your husband, even if he is incarcerated, has the right to be served with your divorce petition, and to file an answer contesting the allegations. If you have any further questions, feel free to contact me and schedule a free consultation.
Answered on Nov 10th, 2014 at 6:05 PM