It doesn't matter if someone is in prison when filing a lawsuit (as they can have someone or a lawyer physically file the papers for them). The question is whether they have grounds. There are very narrow grounds for annulment, such as bigamy, impotence, false representation about the wife being pregnant and then she never has the baby, incapacitated at the time of the marriage, or underage at the time of the marriage. If any of these sounds close to his situation, he should consult with an attorney.
Answered on Jun 05th, 2013 at 9:02 PM