QUESTION
Can I get a divorce if my husband is in jail and should be for 3 years?
Asked on Oct 31st, 2012 on Divorce - Michigan
More details to this question:
He knows I want this so will it be easy. We have no kids no cars, no homes, nothing together. I just want out of an unhappy relationship.
16 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you can get a divorce.
Answered on Jun 13th, 2013 at 1:37 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, Call Legal Aid.
Answered on Nov 06th, 2012 at 8:14 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can get divorced from someone that is in jail. However you may have some delays as certain things will need a longer response time. The judge may allow inmate certain other leniency because of the situation.
Answered on Nov 01st, 2012 at 12:52 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Yes, you can file and have him served in jail.
Answered on Nov 01st, 2012 at 12:51 PM
In reply, yes you can file for a ivorce while he is incaarcerted. You would have him served in jail and he wo9uld have an opportunity to answer yiur Divorce Petition. Even if he contests yur petitiin, yu will still b able to obtain a Divorce, however, you may need to obtain counsel in order get through the entire process.
Answered on Nov 01st, 2012 at 12:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is absolutely possible to get a divorce while one of the parties is incarcerated. Given the facts which you have offered, it would appear he would be a simple case.
Answered on Oct 31st, 2012 at 4:12 PM
Go to the family court house to the self help center and they can help you fill out the required paperwork.
Answered on Oct 31st, 2012 at 4:12 PM
Yes, you can divorce someone who is incarcerated.? Usually the jail or prison will coooperate in serving the papers.? An experienced attorney would be invaluable in preparing the paperwork, arranging for service, and?getting ?an appropriate judgment entered.
Answered on Oct 31st, 2012 at 4:12 PM
So long as you can serve him where he is incarcerated you should be able to go forward with a dissolution. You should consult a family law attorney to review all of the facts and advise you how best to proceed.
Answered on Oct 31st, 2012 at 4:11 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Yes. You may even qualify for a summary dissolution.
Answered on Oct 31st, 2012 at 4:09 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, you can obtain a divorce with him incarcerated.
Answered on Oct 31st, 2012 at 4:08 PM
Michael Paul Vollandt
Yes. Usually the prison people will make sure that he is serve if you send the papers to them.
Answered on Oct 31st, 2012 at 4:08 PM
4 Awards
In Louisiana you may obtain a divorce for any reason or no reason, simply because you want one. If a spouse has committed a felony and is sentenced to hard labor, the other spouse may obtain an immediate divorce. The divorcing spouse can prove their case with a certified copy of the minute entry showing the conviction and sentence of the defendant spouse. If the convict spouse is not sentenced to hard labor, the divorcing spouse must wait the required waiting period. In the case of no children that waiting period is six months. You should contact a divorce attorney immediately to discuss your specific case and circumstances.
Answered on Oct 31st, 2012 at 4:07 PM
Arizona is a no-fault state, so you do not need to state "grounds" to get divorced. This should be relatively straightforward, but I recommend you consult with an attorney to discuss the process in greater detail.
Answered on Oct 31st, 2012 at 1:38 PM
Estate Planning/ Probate/ Wills Attorney serving Kent, WA
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John A. Ferguell, P.S
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Absolutely. You have to file and have him served in jail. It happens all the time. Will take at least 90 days from date of service.
Answered on Oct 31st, 2012 at 1:38 PM
Theodora B. Fader
Yes, you can still get a divorce in the State of Michigan even if your spouse is in jail.? The procedure is much the same as any other divorce.? Service of the summons and complaint can be a bit tricky and if your spouse does not cooperate it can be difficult, but still quite possible, to complete the case.? It is a good idea to have an attorney assist you to make sure that the case is processed correctly.
Answered on Oct 31st, 2012 at 1:38 PM