QUESTION
If husband is currently being held in jail for beating wife, does wife have to wait to file for divorce or can she file now?
Asked on Aug 01st, 2013 on Divorce - Michigan
More details to this question:
The husband beat the wife. He is currently in jail... not prison. He is being held and she wants to file for divorce. This only happened a week ago so he has not been sentenced or anything. Can she file? Or does she have to wait?
11 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona the grounds for a divorce are that the marriage is irretrievably broken, with no prospect of reconciliation. She should immediately obtain experienced family law counsel, and get the dissolution filed. If the husband is in jail it should be easy to serve him with the dissolution documents.
Answered on Aug 05th, 2013 at 10:39 AM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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She can file now. No problem getting him served. Knows where to find him.
Answered on Aug 02nd, 2013 at 4:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You can file for DOM now and he can be served while in jail.
Answered on Aug 01st, 2013 at 4:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is no legal reason not to file, and in fact many practical reasons to do so. If you are in Michigan, you're welcome to call to engage my offices and with further details.
Answered on Aug 01st, 2013 at 3:46 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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She can file and have him served while he is in jail. She should, at the same time, file for a Protection Order.
Answered on Aug 01st, 2013 at 3:41 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The wife can file now. She should hire a lawyer, or if she can't afford one try legal aid. Good luck.
Answered on Aug 01st, 2013 at 3:40 PM
She can file now. Have an officer at the prison serve him with the filed papers.
Answered on Aug 01st, 2013 at 1:42 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Wife can file for divorce at any time. The fact that her husband is currently in jail does not require her to wait until he is released from jail before she can file for divorce.
Answered on Aug 01st, 2013 at 10:53 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes she can file.
Answered on Aug 01st, 2013 at 10:48 AM
File now.
Answered on Aug 01st, 2013 at 10:48 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Yes, she can file now, but she will have to contact the jail to confirm the proper logistics as to serving her husband in jail with the Complaint for Divorce and the related documents.
Answered on Aug 01st, 2013 at 10:46 AM