QUESTION

Can I divorce someone while they are jail?

Asked on Aug 11th, 2015 on Divorce - Florida
More details to this question:
My husband has been locked away in jail for 8 years. We have a home together, as well as a child. He has to serve a 15-30 year jail sentence, and I want to divorce him. How can I go about this?
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4 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Engage an attorney, his being incarcerated is not a major issue.
Answered on Sep 03rd, 2015 at 3:29 PM

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You can divorce him while he is incarcerated. It happens every day. Since there are some complications in suing a prisoner, you really should consult an experienced family law attorney in your area, who will know how to draft the right papers and serve him with them.
Answered on Sep 03rd, 2015 at 3:29 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Yes, File normally, have the Sheriff where he is at formally serve him. It is up to your trial judge to have him transported to your local courthouse or he may appear by telephone.
Answered on Sep 03rd, 2015 at 3:28 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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File divorce papers. Have him served in prison. Prepare a marital settlement agreement if he agrees. If he doesn't, get a contested divorce date and have the court divorce you.
Answered on Sep 03rd, 2015 at 3:28 PM

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