QUESTION

What is the quickest way to get a divorce if my husband is locked up in the state of New York?

Asked on Mar 19th, 2013 on Divorce - California
More details to this question:
We have been separated for 8 years and have nothing together but a name. I would love to be granted the right to my maiden name once again and get a divorce as soon as possible.
Report Abuse

6 ANSWERS

Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
Update Your Profile
File the Petition and Request For Order asking for dissolution and to have your former name restored. Serve him in prison. If he files a response there is a hearing, however he can not do anything to prevent the divorce as California is a no fault divorce state. If he fails to respond, you file a notice of default and the divorce is granted. You can go to the court facilitators office go to the court's website and find instructions on what to file.
Answered on Mar 22nd, 2013 at 4:32 AM

Report Abuse
Dennis P. Mikko
You would have to file for divorce and wait the required statutory warting time. Once that is done, you could get divorced and have your maiden name restored.
Answered on Mar 21st, 2013 at 8:46 AM

Report Abuse
John Arthur Smitten
File your case, get him served, set your hearing - approx 4 months.
Answered on Mar 21st, 2013 at 7:38 AM

Report Abuse
Draft and file a summons and petition for divorce. (There are printed forms you can use.) Have the papers served on your husband in New York. Try to get him to agree to a final stipulation in which you both just walk away. Even if he won't agree, a Wisconsin court would probably grant a divorce on any fair terms. It's best to find a skilled family lawyer to advise you.
Answered on Mar 21st, 2013 at 7:26 AM

Report Abuse
Family Law Attorney serving Newbury Park, CA at Tristan Tegroen, Attorneys at Law
Update Your Profile
California allows two ways to get a divorce - one is called a summary dissolution (but it requires cooperation) and other way is the standard procedure. My suggestion is to file and get him served - he might default - and this will create an easy end to the case. You will still have to comply with FC 2104 regarding disclosure.
Answered on Mar 21st, 2013 at 6:34 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
You file for divorce and serve him with the paperwork. If he doesn't file a response, you can take a default against him.
Answered on Mar 21st, 2013 at 12:28 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters