QUESTION
How do I file for divorce if my husband is in prison in Colorado?
Asked on Oct 10th, 2012 on Divorce - Michigan
More details to this question:
I got married to my husband in Colorado and was only with him for 4 months when I started finding needles. He was on parole and I left and moved back to Michigan. He violated his parole and is now in prison in Colorado. What is the cheapest and easiest way to get a divorce?
9 ANSWERS
You do it exactly as you would if he lived in the same house. I don't think you've actually hired a lawyer yet. Let him handle it. This does not seem like something you're likely to do right and it will get very expensive to undo what you may have done!
Answered on Oct 12th, 2012 at 10:14 AM
Leonard A. Kaanta
Yes you can file for divorce. I do not know of any cheap way to to do a divorce.
Answered on Oct 12th, 2012 at 9:49 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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You must wait 6 months from the date you moved back to Michigan, if you ever terminated your residency here. You must also be a county resident for 10 days. He can be served in prison. See a lawyer.
Answered on Oct 11th, 2012 at 12:05 PM
Dennis P. Mikko
If you are a resident of Michigan and have lived in Michigan for more than 180 days and your county for more than 10 days, you would have to file for divorce in the county where you live. Once you file and a summons is issued, you would mail a copy of the complaint and summons to the Sheriff in the county where your husband is incarcerated asking that they serve the summons and complaint on your husband. Once served, the matter would proceed as any other matter. If he does not answer the complaint, you could default him and proceed to judgment.
Answered on Oct 11th, 2012 at 12:04 PM
Steven D. Dunnings
Where do you live. Hire an attorney.
Answered on Oct 11th, 2012 at 12:03 PM
Theodora B. Fader
If you know which prison, you can serve the complaint and other papers on your husband there, typically via the warden's office. If you are not sure how to file for divorce, it is a good idea to hire an attorney.
Answered on Oct 11th, 2012 at 12:03 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You will be able to get a divorce here by default.. The primary issues you need to think about being their children of the marriage (he may owe child support) and Do you have any significant amount of HIS assets (with such a short marriage you need to return to him anything that was his) Go ahead and file a divorce action in Michigan.. You will need to give him notice. So mail it to him via the prison system in Colorado ... Certified mail return receipt.. If he will not sign for it.. Go ahead and file a motion for alternate service mention that he is in prison.. the court may allow you to use first class mail. If he does not respond, apply for a default judgment of divorce. This will be easier if you have an attorney handle it for you but more expensive..
Answered on Oct 11th, 2012 at 12:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Since you are no longer in Colorado it would probably be easiest to start the process in Michigan.
Answered on Oct 11th, 2012 at 11:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are allowed to file for divorce in the state where you reside, in Michigan you have to have a residency in the state for 180 days prior to the date of filing. You should file here, and your husband will have to be served in Colorado. That would be your least cost alternative under the circumstances as described.
Answered on Oct 11th, 2012 at 11:58 AM