QUESTION
How can I get a quick divorce from a prisoner?
Asked on Jun 11th, 2015 on Divorce - Florida
More details to this question:
My daughter's husband is in prison and will be there for several years. She wants a divorce so she can move on with her son and fiance. Her current husband is an inmate and may give her a hard time.
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your daughter should hire an attorney.. If the son is the guy's in prison it will take a minimum of 6 months in the state of Michigan.
Answered on Jun 11th, 2015 at 5:05 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File the normal paperwork and have him served the papers in the prison. Time for the divorce depends on the Judge.
Answered on Jun 11th, 2015 at 2:35 PM
File a petition for divorce and have it served on him at the prison. Prisoners are treated the same as non-prisoners. Good luck.
Answered on Jun 11th, 2015 at 12:47 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain an experienced matrimonial lawyer. It's almost always worth the investment, and can save you a lot of grief and wasted time. There are a few obstacles (not necessarily many) in bringing any legal action against a prisoner. Hopefully your lawyer will have the knowledge and resourcefulness to overcome them. (It can be done. But it's not likely to be 'quick.') Good Luck.
Answered on Jun 11th, 2015 at 12:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She will need an attorney to assist her if the divorce is going to be contested.
Answered on Jun 11th, 2015 at 11:14 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If he may fight her on the provisions of the divorce, then she needs to get the process started. The earliest she can be divorced in California is six months and one day after he is served with her filed court papers for Dissolution. Make sure she moves forward right away with her required preliminary disclosures and demands his in return.
Answered on Jun 11th, 2015 at 11:05 AM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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It can be done. Easier to do it with an attorney because of service and notary issues.
Answered on Jun 11th, 2015 at 10:58 AM
If her husband wants to delay the process, he can use all the procedural delays available to any party to a dissolution. I would suggest that she speak with him first and get his cooperation before moving forward. If he refuses, she can file the papers with the Court, have him served with the proper papers, in jail, and move forward as warranted. Good luck.
Answered on Jun 11th, 2015 at 10:52 AM