QUESTION
Can I divorce my husband in prison if we haven’t consummated our marriage yet?
Asked on Jul 07th, 2014 on Divorce - Florida
More details to this question:
I married my husband who is in prison in Florida almost 3 years ago. We had been friends over the 20 plus years he's been in prison and I felt sorry for him. I got caught up in emotion and we got married but have never consummated the marriage. I have been increasingly upset over the situation and want out. I have very little money. What is the best way to do this? He tells me he would be devastated without me so I don't know if he would contest a divorce or not but even with the guilt trip I want to be free of this marriage.
5 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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From the limited information you provided, it is challenging to answer your question. Generally, annulment requires that the marriage be void or voidable from its inception, such as resulting from fraud or not being single/divorced at the time of the marriage, and not merely as the result of failure to consummate the marriage alone. Annulment is a fact-intensive form of relief, so it may possibly be available to you, so you should confer with an attorney with whom you can discuss all of the facts of your case at length and in detail, so that you can learn your options and if annulment is a viable option for you.
Answered on Jul 14th, 2014 at 4:19 AM
John Arthur Smitten
Yes, a divorce can be easily done. Use of a lawyer is recommended in your case.
Answered on Jul 10th, 2014 at 7:07 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a dissolution as a contested matter. Every prison has service of process rules, follow those rules.
Answered on Jul 09th, 2014 at 12:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Well, without the money necessary to hire an attorney, you probably will not be able to get a contested divorce accomplished. You might be able to seek an annulment, but it is the same process. The thing to do is to get him to agree to get a divorce and do it on an uncontested basis.
Answered on Jul 09th, 2014 at 10:36 AM
You might want to first consider an annulment. 3 years is a long time BUT, as you said, the marriage has not been consummated. If an annulment is not appropriate, then YES you can divorce him even though he is in prison. There is really nothing for him to contest. There are no children, no property and no alimony that I can see.
Answered on Jul 09th, 2014 at 9:55 AM