QUESTION
How does one divorce a husband who is in prison?
Asked on Dec 25th, 2013 on Divorce - California
More details to this question:
I want to divorce my husband who is currently in prison for over 3 years now. Both of us are in California but I am low on cash. How do I get this divorce done asap and how long will it take and how much is the cost?
6 ANSWERS
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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You can have him served in Prison if there is no property, debt ,or custody and visitation. It would be a fairly easy matter to get before the court I suggest you contact a local attorney or legal aid to assist you.
Answered on Dec 27th, 2013 at 12:28 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have to file and then get him personally served in jail. Call the prison, they can usually help. It'll take at least 6 months after he's served. Filing fee depends on county you live in - check the website.
Answered on Dec 27th, 2013 at 12:28 PM
It is actually easy, because you can have the prison serve the papers. The filing fee is $435, but it can be waived if you are extremely low income. It takes a minimum of 6 months from the date he is served. If you hire an attorney, it would cost at least another $1000. But you would know all the paperwork is done right, and it would be finished in 6 months. If no attorney, get the paperwork at the family law court house in your county, and start in.
Answered on Dec 27th, 2013 at 12:28 PM
You can go to the self help window of your local family law court for assistance. He can be served in prison. All divorces in California take at least six months from the date your spouse is served with divorce papers. If your income is low enough you can qualify for a filing fee ($435.00) waiver.
Answered on Dec 27th, 2013 at 12:28 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You may be eligible to apply for a fee waiver based on your income. Check on the court's website for the forms. You will have to serve your husband at prison. Contact the prison where he is housed.
Answered on Dec 27th, 2013 at 12:28 PM
You file for divorce in the County in which you live. It usually takes 6 months from the date the other party is served. In your case you will have to send the paper work to the facility where your husband is being held. They will serve him for you. You may apply to have the fees waived. Depending on the County in which you live, there may be a self-help Family Law office at your Court. If so they will help you fill out the necessary forms. They will not give you legal advice however they will guide you as to the proper forms to use. You can be divorced within 6 months of the date of service if the dissolution goes according to statute.
Answered on Dec 27th, 2013 at 12:28 PM