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.
Under th eSuprme Court findings in Bodie v Connecticut and Love v Love, an inmate can access the court for a variety of reasons and divorce will be one of them. Antolin Andrew Marks. If the inmate was prevented from so filing, he could bring a mandamus action to direct that his matter be filed. AntolinAndrew Marks.
You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.You can return to the court where your divorce was filed and file a motion for contempt. You could request that court issue a judgment lien that can be recorded in the land records.
Inmates in Florida file for divorce the same way as inmates and noninmates in every state file for divorce, they submit a disolution of marriage motion to the court of jurisdiction (usually the court that has jurisdiction over your residency, but inmates may also be allowed to file in district or circuit courts in the state's capital), and pay the requisite fee. Because the DOC is unlikely to writ the inmate out for the court date, it would be best if the inmate contacted a lawyer on the outside, or signed a limited power of attorney for someone who could represent him/her at that date. There should be forms available in the law library. Also, inform the inmate that he/she should speak to the inmate law library clerk; this person's advice can be invaluable.
No. An inmate has no right to demand anything. A foster parent does not need to interrupt his schedule to meet the demands of an inmate in prison. There might be a way that someone could pay for someone else to take the child to see the inmate in prison. That would be a different story. The inmate or his family would need to pay 100% of all costs. It would be expensive. The inmate can make no demands on a foster parent.
A detainer is a request from another jurisdiction asking that they notify that jurisdiction that the person is about to be released. Detainer's are often the result of a warrant that has been issued for that inmate. If the warrant is relatively minor, then the detainer may not actually be issued. And not all detainers are the result of warrants: there could be immigration detainers or detainers from probation and parole, asking the prison to let them know when the person will be released because that inmate is supposed to report to probation once he has been released.
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