They'll serve you in jail
Yes you can. The process is different because one individual is incarcerated and would not be able to attend the court precedings. You can send the divorce papers to them through the mail yourself or have it sent through a lawyers office as legal mail. The incarcerated individual would then sign the papers and send them back so that your can file the papers with the court and get your divorce.
File a regular Petition for Dissolution of Marriage form with the courts and have the husband served in the jail. A call to the correctional facility to find out the correct procedure to have him served. The husband would have 20 calendar days from when he was served to file an answer.
You need to have the court papers served to him while he is in jail. He probably won't get custody while he is in jail.
yes
my husbands in jail how can i get a fee wavier for divorce
My x was in jail I went and filed for a divorce in February he was served the papers and he kept the papers for a few weeks he sent them back to the lawyer and we were divorced in June. Did take that long, would have been done sooner if he would have sent them back sooner.
After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
It is always possible to sue for divorce, even if your husband is in jail. If he has turned out to be a criminal, and you didn't know that when you married him, you could certainly argue that he married you under false pretences. I believe that the court would be sympathetic.
Unfortunately, divorce is never easy. Still, you can divorce your husband if he is in jail for domestic violence. Papers are sent to the jail just like if he had a physical address. He has a right to contest but just because he is not able to be in court the day of the divorce does not mean it will not be granted. My divorce was finalized 21 days before he got out of jail and he was not permitted to come to the hearing. I don't know who makes that decision. My lawyer did the paper work so I'm not really sure how it was all handled.You DO NOT need his permission to Divorce him.Just go file for a divorce and talk to an Attorney tell them everything.He does NOT have to be present in court or sign anything you can file and get it done.
yes they can go to jail
Jail will only delay the issue a few days. If he went to prison the courts will make sure that he is able to attend his divorce.
Purjury a felony! Over five years in jail maybe if you get caught.