QUESTION
If I divorce my husband who is in prison, can he fight it?
Asked on Oct 09th, 2014 on Divorce - Oklahoma
More details to this question:
My husband and I have been separated since March 27,2012. He was arrested that night for child molestation. The child was mine. We have none. Though he was not convicted, he cannot be near my children. October 2012 he was convicted of it again in another state and he has been there since. He is in prison there now. I want a divorce but I'm afraid he will not sign the papers and fight it. With the charges he has on him and the where I'm ordered to have him nowhere near my children, is it even possible that he could fight it.
2 ANSWERS
He may be able to fight it. However, with that background, and with him still in prison, he may not get very far with his fight. Also, what would he be fighting for? You say you and he don't have children together, so all he may be able to fight for is any marital property.
Answered on Oct 09th, 2014 at 10:41 AM
He can contest the divorce. He can not prevent it, but he can contest it. You can not prevent him from objecting. Eventually however, you will be divorced if that is your desire. You file where you live. You serve him the petition, summons and automatic injunction through the Warden's office of his facility, or using whatever other method is specified for the state where he is incarcerated. As you have no children together, there is no custody argument. As you have been apart for a couple of years, there may or may not be much to negotiate on property or debts. I encourage you to engage counsel if you can afford to do so, or seek out assistance from Legal Aid otherwise.
Answered on Oct 09th, 2014 at 10:37 AM