QUESTION
How could we finalize a divorce if my spouse is in jail?
Asked on May 05th, 2015 on Divorce - Michigan
More details to this question:
I filed for divorce 5 years ago and want to get it finalized and taken care of. My spouse is in jail and I do not have a lawyer. What should I do?
7 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I would guess that a divorce that was started 5 years ago, has long ago been dismissed and you would have to start over. If I am incorrect and the divorce is still pending, you can simply provide paperwork for your husband to sign. It shouldn't matter that he is in jail.
Answered on May 06th, 2015 at 9:59 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: hire a lawyer. It's almost worth the investment to help you overcome difficulties like the one you mention. It is extremely unlikely that a divorce is held open for 5 years. In most counties in Wisconsin, if there is no movement in a case for a year, the judge proposes to dismiss the case, and gives the parties a specific time within which to act, or else the case will be dismissed. That your husband is in jail is not a very serious obstacle: he can waive his right to appear, or in many courts he can appear by a television feed. A good lawyer will help a lot.
Answered on May 05th, 2015 at 4:39 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you filed 5 years ago, it is likely that your case has been dismissed.
Answered on May 05th, 2015 at 3:50 PM
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Typically if there has been no action on a matter for 6 months or more, the court will dismiss it on its own. You need to first find out if your action is still even viable or if you need to re-file. One spouse being in jail does not prevent the matter from going forward...you could each sign a certification (like an affidavit) and a settlement agreement to file with the court, or even if you had a hearing and the jailed spouse could not be transported for it, only one person is necessary to testify. Review the Supreme Court self help documents available online for more information about the divorce process, or make an appointment to consult with a divorce attorney who can talk with you confidentially about your specific situation and concerns. Best wishes!
Answered on May 05th, 2015 at 3:48 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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CHECK OUT THE MICHIGAN COURT RULES especially the sections on default judgments. follow them as closely as possible and get a default judgment of divorce if he does not show up.. If you have minor children of the marriage this will be very difficult and you might need an attorney.
Answered on May 05th, 2015 at 3:20 PM
I'm not certain as to what you mean by finalize a divorce. If you are saying a divorce has been already filed, your spouse can appear telephonically at the court hearing or he can waive his right to appear. You will need to talk with the Clerk of Court to know the exact procedure. If you are saying a divorce has not yet been filed, you can file the divorce and have him served with papers while he is in jail. You may also decide the process is too complicated and get an attorney to assist you. Good luck.
Answered on May 05th, 2015 at 3:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful the old case is still active due to the passage of time, you are best off having a lawyer look into it and at least guide you, even if not going to court.
Answered on May 05th, 2015 at 3:05 PM