QUESTION

How can my daughter file for divorce while in prison?

Asked on Jun 04th, 2014 on Divorce - Florida
More details to this question:
My daughter got married in Rhode Island, 13 years ago and they have been separated for 8 years. She is now engaged to a man in Florida, where she is now in prison in Ocala, Florida. While she is in prison she wants to get her divorce so she can remarry when she gets out. What does she need to do?
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5 ANSWERS

John Arthur Smitten
It can be done no problem. Use of a lawyer is recommended.
Answered on Jun 09th, 2014 at 6:48 PM

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She can obtain the necessary forms from the Court, on-line, complete them and give them to you for filing. Next, you can take the Petition to the local Sheriff to have it served on her spouse. That will begin the process. From there, it will depend upon whether or not her spouse will agree to a default divorce or whether or not he will oppose it.
Answered on Jun 09th, 2014 at 6:48 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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What she needs to do is get an attorney and file for divorce. Perhaps it can be an uncontested divorce which is relatively quick and easy if the parties can agree upon all of the issues.
Answered on Jun 09th, 2014 at 6:48 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Usually she must file in the state where the marriage was last intact (parties lived together as man and wife). Here probably Rhode Island. No special procedure is used because a party is an inmate.
Answered on Jun 09th, 2014 at 6:47 PM

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You don't indicate whether they have any children together or own any property together (house, cars, bank accounts, etc.) that needs to be divided, but if not, then it would be a rather simple process if her husband wants the divorce too and she knows where he is. If not, then it can still be done, but may be more complicated and require more time to accomplish. If she has access to a computer, the internet and a printer, she can download the simple dissolution of marriage forms from the FL Supreme Court website, or someone can do it for her and send them to her. If they have children or have property to divide, she should use an attorney to assist her.
Answered on Jun 09th, 2014 at 6:47 PM

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