QUESTION
What is the next step after a person who is incarcerated responds to a divorce complaint?
Asked on Aug 06th, 2014 on Divorce - Nevada
More details to this question:
I haven't been with him since he was incarcerated in 2003. I didn't think he would respond because we have no property or anything together. We do have one son but I honestly think he is only responding to still have some type of control. Will I still be able to divorce him and should I agree with what he asks just to hurry the process so I can divorce him?
2 ANSWERS
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You need to schedule a Case Management Conference if one has not already been scheduled. That conference is with the Judge, who will issue temporary orders and determine what issues are truly in dispute. It is possible the divorce may be granted at that point, depending on the circumstances. You would do well to consult with an attorney in your area to get a better read on your court and your judge to know what to expect.
Answered on Aug 07th, 2014 at 5:05 PM
You don't provide enough information for an intelligent answer, but after waiting 12 years, it hardly seems worth agreeing to anything you don't agree to just to "hurry the matter along." If you are not in full agreement, go to "trial" - which is likely to be a very short hearing. And if you are not comfortable figuring it out, consider hiring a lawyer to complete the case for you, or at least consult with qualified counsel, showing all the paperwork, before deciding what to do.
Answered on Aug 07th, 2014 at 5:05 PM