QUESTION
Can I get a divorce before my husband gets out of jail?
Asked on Dec 29th, 2013 on Divorce - California
More details to this question:
He had 8 DUI's and was finally picked up on violation of probation in July. I want out and do not want him returning to my home. We have no material assets but have an 8 year old daughter.
10 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with an experienced family law attorney in your area for assistance in filing for a dissolution. In Arizona there are self service forms online, along with instructions, to assist individuals in filing dissolution documents. Here is a link to the Maricopa County self service center family law page: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/
Answered on Jan 03rd, 2014 at 11:14 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure. File for divorce and have him served in jail.
Answered on Jan 02nd, 2014 at 3:47 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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It all depends on how long he's sentenced to be in jail, whether there's a chance he could be released early, and whether he puts up a time-consuming fight after the divorce complaint is filed, but yes, it is possible to get divorced while he is in jail.
Answered on Jan 02nd, 2014 at 3:46 AM
Yes. You can. It is easy to serve him since he is in jail.
Answered on Dec 31st, 2013 at 7:43 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File for a contested divorce and have him served in Jail. All jails have policy for you to follow
Answered on Dec 31st, 2013 at 7:43 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The fact that he is in jail would have no impact on your ability to file for divorce.
Answered on Dec 31st, 2013 at 7:39 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably not .You can begin the process but a Michigan court cannot grant a judgment of divorce for 6 months from the date of filing if minor children are involved.
Answered on Dec 31st, 2013 at 7:39 AM
Yes, you can begin the divorce process at any time, but whether or not the divorce will be finalized before he get out is up to the Court.
Answered on Dec 31st, 2013 at 7:04 AM
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There is a mandatory 60 day waiting period for divorce in Nebraska, so it depends on how long your husband will be incarcerated. Because you have a child together, you will both also need to comply with the Parenting Act before your divorce can finalize. You should contact an attorney right away to learn about your options. Best wishes.
Answered on Dec 31st, 2013 at 7:04 AM
Yes. File your papers and have him served in jail. Have the self help window at the court or a paralegal help you
Answered on Dec 31st, 2013 at 7:04 AM