QUESTION

Can I file uncontested divorce to a husband in prison?

Asked on Jan 04th, 2014 on Divorce - Louisiana
More details to this question:
My husband is in prison for sex predator case. We've been separated for 3 years and we have no kids, no property. I can afford attorney and I want to file it my own. I went to the family court but the lady told me to get a lawyer since he's in prison.
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9 ANSWERS

In Arizona there are self service centers at most county court facilities, and online. Here is a link to the Maricopa County self service page for family court matters: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ I do suggest that you at least consult with an experienced family law attorney in your area to review your matter.
Answered on Jan 09th, 2014 at 12:08 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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You don't seem to understand what an uncontested divorce is. If you believe an uncontested divorce is a divorce you can obtain without your husband having the right or opportunity to oppose or contest the divorce action, no such thing exists. You can file for divorce while your husband is in prison. He can decide whether he wants to contest your divorce action or not. If you does not contest it, then you can obtain default judgment after the period in which he has to respond expires and he has filed no response. But the fact that he is in prison or that you have been separated for so many years, will not prevent him from having the right or opportunity to contest the divorce action if he so chooses. Very few people honestly *can't* afford an attorney. Where there is a will, there is a way. If you can't afford to pay for an attorney with money, many attorneys are willing to take trade for services or goods. Find an attorney who will work with you, and you will be very glad that you did. Suing someone in prison can be a very difficult and complex situation if you don't know what you're doing, and if you don't do it right you can find yourself having to start over again.
Answered on Jan 08th, 2014 at 5:48 AM

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Of course. Just file, and he will be easy to serve since you know where he is.
Answered on Jan 07th, 2014 at 7:37 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can file for divorce, but it will only be uncontested if he doesn't contest. So file a complaint, get the summons issued and have him served in prison. If he doesn't answer, you can file for a default judgment. However, it will still be easier with an attorney.
Answered on Jan 07th, 2014 at 7:36 PM

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Go to facilitator at court house they can assist you in preparing the paperwork he of course has to be served in prison which is not that difficult to accomplish after time to respond has gone by you can then file a request to enter default and serve him that and then take a default judgment attorney can do it without you having to go through all of the stress yourself if you wish.
Answered on Jan 07th, 2014 at 7:36 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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You can file uncontested if he agrees and signs a Martial Settlement Agreement. Otherwise file a contested action and have him served in the Jail. All jails have procedures for service on inmates.
Answered on Jan 07th, 2014 at 7:35 PM

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Criminal Attorney serving Houston, TX at The Montes Law Firm
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You can still do it yourself. You will have to serve him in prison or have him sign a waiver of citation. You do not need an attorney if you can figure it out on your own. The clerks at the family courthouse are prohibited from giving you legal advice.
Answered on Jan 07th, 2014 at 7:35 PM

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The husband will have to be served with the Petition. He then has an opportunity to file Answer or ignore it. If he ignores it, you can ask the Court to enter a default judgement of dissolution.
Answered on Jan 07th, 2014 at 4:35 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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Yes, you can file for divorce in Louisiana based on living separate and apart for the requisite period of time (6 months, in your case). It doesn't matter that he is incarcerated, he can be served in prison. If a divorce is that only issue, we can usually handle this without a court appearance.
Answered on Jan 07th, 2014 at 4:34 PM

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