QUESTION
What should be my first step to divorce my wife who's in jail and pregnant?
Asked on Nov 07th, 2013 on Divorce - Oklahoma
More details to this question:
My estranged wife and I have been separated for over a year now. She is currently pregnant by another man and more importantly she is also in jail facing capital murder charges in the death of our 1 year old child. We live in different states and I currently have custody of our surviving child of whom she cannot have any contact with. Moving forward I would like to file for divorce, as to not have to be responsible for another mans child and to sever ties with her completely. My concern is that she may not sign the divorce papers or she my try to contest it. Even though she has completely moved on with a completely different person and lifestyle before we had separated I know she is very manipulative by nature. My question is one for advice on taking my first steps and what to possibly expect moving forward.
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
First this will be easier if YOU hire an attorney. Second you can file a divorce action, serve her and she will most likely default. In prison, she will not be able to participate meaningfully so most likely you will get a divorce judgment without too much of an issue.
Answered on Nov 12th, 2013 at 12:55 PM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
File a complaint and have it served on her at the jail.
Answered on Nov 12th, 2013 at 12:49 PM
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
What you need to do is to consult with an experienced family law attorney in your area. That attorney can advise you, but generally speaking as long as you have resided in your state for the time necessary to establish jurisdiction, and assuming there is a no contact order regarding the child who is with you due to the mother's criminal acts, the custody issues should move pretty smoothly. Again you need to consult with local counsel to discuss the issue of her pregnancy.
Answered on Nov 12th, 2013 at 12:44 PM
Bruce Provda
You should speak with a local divorce attorney who has the experience in dealing with cases of a spouse in prison. They will know the methods for getting the prisoner served and how to proceed with the case.
Answered on Nov 12th, 2013 at 4:43 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It doesn't really matter what she does, does it? You won't know until you file, so your first step is to file for divorce and custody and have her served in prison. If she does not respond, get a default judgment. If she does, what judge is going to pay any attention to her? Talk with a local attorney about what you need to do.
Answered on Nov 08th, 2013 at 10:32 AM
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
Prisoners will always contest a DOM, something to do that's entertaining. Follow the standard procedure.
Answered on Nov 08th, 2013 at 10:30 AM
First step depends on whether one intends to retain counsel or not. For what it's worth, if you don't intend to, your first step is rethink your plan and decide to retain counsel.
Answered on Nov 08th, 2013 at 10:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Engage an attorney, at least in Michigan she can be divorced without her agreement.
Answered on Nov 08th, 2013 at 10:29 AM