QUESTION
Can my girlfriend get a divorce while he's in prison, and is supposed to be in prison for the next 2 1/2 to 3 years?
Asked on Sep 28th, 2013 on Divorce - California
7 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
In Arizona the grounds for a dissolution are that the marriage is irretrievably broken, with no prospect of reconciliation. If your girlfriend wants a divorce she can get one. The usual issue is the difficulty in finding a spouse to serve him with the dissolution petition, but if she knows where he is incarcerated, then the service issue is moot. Your girlfriend should consult with an experienced family law attorney in the area to discuss how to proceed.
Answered on Oct 01st, 2013 at 10:59 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Yes she can. Call an attorney.
Answered on Sep 30th, 2013 at 8:30 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Yes, she can get divorced while he is in prison.
Answered on Sep 30th, 2013 at 12:09 PM
Bruce Provda
Without knowing all the circumstances, she should be able to get a divorce. She should see an attorney.
Answered on Sep 30th, 2013 at 8:53 AM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Yes she can get a divorce. The process would be exactly the same whether or not he is in prison.
Answered on Sep 30th, 2013 at 8:52 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Of course she can get a divorce. Only problem is Service of Process while he is in Prison. He must be properly served then the case proceeds normally.
Answered on Sep 30th, 2013 at 8:46 AM
Yes. File and serve him with the papers.
Answered on Sep 30th, 2013 at 8:45 AM