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What are your rights in filing for divorce from an incarcerated spouse?
Wiki User
∙ 17y ago
Yes, a person serving a sentence in a state or federal facility can have divorce petition (or other legal actions) served upon them, and has the legal right to respond through the prescribed facility regulations.
Wiki User
∙ 18y ago
Wiki User
∙ 17y agoThe same as they would be if the person were not an inmate. State laws govern divorce issues such as property division, custody, child support, spousal maintenance and so forth. If you no longer think the marriage is sustainable, you can file for divorce whether or not your spouse is in prison.
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Can an incarcerated spouse contese terms of divorce?
Noo it will ot be possible for him to , as he is a incarcerated spouse, he will not be able to contese the terms of the divorce case.
Can you file for divorce for free in Louisiana if your spouse is incarcerated?
Yes, you can get a divorce if your spouse is incarcerated in Florida. However, it can be complicated and is not completely free of charge. http://www.pamelawynn.com/procedure/jail-house-blues-a-florida-inmate/
Incarcerated husband property rights spouse?
The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
Incarcerated spouse will not allow visitation if you divorce?
The spouse cannot refuse visitation, however the courts can.
In Arkansas can you get a Divorce for 1.00 if your Spouse is incarcerated?
You can get divorce court fees waived if you fall below a certain poverty level point. Even if you spouse is incarcerated, you would have to pay the fees if you have a good income.
Is it hard to get a divorce from a spouse who is incarcerated?
it's usually not very hard. depending on when the person is getting out. but, as with normal divorces, sometimes the spouse refuses to sign the divorce papers.
In Canada is a divorce considered illegal if a spouse filing for divorce gives false information in order to obtain the divorce?
How do I find hidden money my spouse put in a annuity or trust?
Is there a way to get a divorce from an incarcerated spouse without him signing any paperwork?
Thanks Mackey for extending on my post. I did mean that this person could go see a lawyer and go through the natural process which includes property rights, etc. I was slow on the up-take. LOL Marcy Yes you can, but it's advisable to see a lawyer on this. Since your spouse is incarcerated there in no need for his permission to get a divorce and the courts are quite lenient in these types of cases. Marcy * No. In the U.S. both parties of a dissolution of marriage must be notified of the action or a reasonable attempt for notification made, before the divorce is granted. Even a person who is incarcerated may have legal rights to marital property. The person wishing to file the divorce can do so in the city or county court of their residence. The filing spouse must inform the court of the whereabouts of the incarcerated spouse and he or she must be served dissolution papers and given the amount of response time allowed by the laws of the state in which the dissolution petition is filed or the state in which the marriage took place, whichever is the longest. If the incarcerated spouse does not respond accordingly either in acceptance or opposition to the dissolution terms, the divorce will be granted to the petitioner on the grounds of default.
How do you file for a divorce if your spouse is incarcerated in a Florida state prison?
The procedure is the same as if the person were not imprisoned. The petitioning spouse files in the court of venue in the county where he or she is a resident.
What marital rights does an incarcerated spouse have?
The right to ownership of marital property as allowed under the laws of the state where the couple last resided or were married; the legally retaining of parental rights until/unless a court rules otherwise and the right to obtain a divorce.
Could an inmate request a divorce and get one even if his wife denies it?
A person cannot be denied a divorce, but the terms of the divorce can be contested which sometimes leads to a long and lengthy court battle. When a spouse is served with a dissolution of marriage summons and fails to respond the spouse seeking the divorce may petition the court for a motion of default. A judge will review the petition to be certain everything is in order, the judge may also choose to interview the filing spouse. After the judge is satisfied that proper procedures have been followed the divorce will be granted by default. The non-responsive spouse will be notified that the divorce has been granted and that they have forfeited their legal rights to contest any of the terms that were included in the original dissolution of marriage petition. These procedures apply whether a spouse is incarcerated, residing in another state or living outside the country. Be advised, a divorce granted by default does not relieve a spouse of the obligation of child support, that is a different issue.
Divorce and effects of chapter 7 on non filing spouse?
Generally speaking, when one spouse files for bankruptcy, the non-filing spouse should not be effected by this because they are only filing as to their individual debts. They are still obligated to the joint debts they share with you. Additionally, if you are in the process of a divorce the fact that one has filed for bankruptcy does not extinguish his duties to pay the divorce settlement, child support, alimony, etc.
