QUESTION
How do I get a divorce if my wife is in prison for murder?
Asked on Nov 06th, 2013 on Divorce - Arizona
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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you file for a divorce like any other person would.
Answered on Nov 08th, 2013 at 5:05 PM
Administrative Law Attorney serving Edmond, OK
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Jencks Law Firm P.L.L.C.
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You can get the divorce the same way as any divorce except you have to serve her with the papers at the prison where she is through the warden of the facility. If she will sign off on an agreed divorce you can send that to her as well and she can sign and return to you. If you can visit her you can have her sign them and give them to you. If you legally serve her and she doesn't sign an agreed decree or file a written answer with the divorce court you can ask for a default divorce after the response time has passed. You will need proof of legal service.
Answered on Nov 08th, 2013 at 5:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File for divorce as you normally would and then have her served in prison. There won't be a problem finding her.
Answered on Nov 08th, 2013 at 5:04 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Follow standard procedure, alll prisons have rules for service of process on inmates.
Answered on Nov 08th, 2013 at 5:04 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The exact same way you would get a divorce if she was not in prison. The rules would be no different. In fact, because she is in prison it will make it easier on you to have her served with the papers.
Answered on Nov 08th, 2013 at 5:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not difficult. Her incarceration does not affect your ability to divorce.
Answered on Nov 08th, 2013 at 5:02 PM
Bruce Provda
You really need to speak with a divorce attorney who will know all the facts about getting her served in prison.
Answered on Nov 08th, 2013 at 5:01 PM
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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It is best for you to consult with an experienced family law attorney in your area to discuss this matter. That being said, there is a self service center at most county superior court facilities in Arizona. At the self service center you can obtain forms and instructions for filing and serving a petition for dissolution on your own behalf.
Answered on Nov 08th, 2013 at 5:01 PM
You file for divorce, have her served through the office of the warden where she is incarcerated. She'll either file a response or you will win by default. Other than she is an inmate it's still a divorce.
Answered on Nov 08th, 2013 at 5:01 PM