QUESTION
How do I file for divorce if my wife is in prison?
Asked on Nov 21st, 2013 on Divorce - Idaho
10 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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I first suggest to you that you consult with an experienced family law attorney in your area to assist you, and with whom you may discuss procedures and divisions of property. In Arizona there is also a self service center at most county superior court facilities. Here is a link to the Maricopa County self service center online: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ Here you may obtain forms and instructions about filing for dissolution. I again urge you to at least consult with an experienced attorney in your area.
Answered on Nov 26th, 2013 at 9:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney. No big deal.
Answered on Nov 26th, 2013 at 4:10 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It would be best if you hired an attorney. But you can file a divorce and serve her in prison and then default her when she fails to answer.
Answered on Nov 21st, 2013 at 2:14 PM
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You need to file your Complaint and Summons with the family court. Thereafter, you need to serve her the documents. Once served she has 30 days to answer. If she fails to answer then you can ask for a hearing for a default judgment. However, is there a fault ground? Or is this a one year separation no fault divorce? If it is a one year divorce then you have to be separated for one year before you can file unless there are temporary issues like child custody, etc. If so then you can file a motion for a temporary hearing with your Complaint and Summons to resolve those issues on a temporary basis while you wait for your year to be up. If it is on a fault ground you can file, have her served then wait the 90 days before you ask for a final hearing to finalize the divorce based on the grounds, you have to put up evidence/testimony of the fault.
Answered on Nov 21st, 2013 at 2:13 PM
This response is general in nature and should not be considered legal advice.
You file your papers and have her served in prison. A paralegal should be able to help you with what you need to do.
Answered on Nov 21st, 2013 at 2:13 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Use the regular procedure and forms. Contact the facility for their policy as to who can make the Service of Process.
Answered on Nov 21st, 2013 at 2:12 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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File your complaint and have her served at the jail.
Answered on Nov 21st, 2013 at 2:12 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You file for the divorce in exactly the same way you would if she were not in prison. The rules do not change.
Answered on Nov 21st, 2013 at 2:12 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You can still divorce her, but you will need to contact the prison to see how you can get them to serve her with your Complaint for Divorce. Each prison has their own policies and procedures as to serving their inmates with divorce papers.
Answered on Nov 21st, 2013 at 2:11 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You file a complaint and have her served in prison. I suggest contacting a local attorney to help you with this. It isn't necessary and you may be able to do it on your own, but the attorney has done it before and knows how to get things done quickly and, generally, simply.
Answered on Nov 21st, 2013 at 2:01 PM