how do you divorce a spouse who is in prison and what forms do i use
Yes, and yes. Although you can use the fact that he is in prison against him, he can still contest it.
File a dissolution of marriage (divorce) petition in domestic court in the county in which you reside. If you do not wish to use an attorney or a legal representative, contact the office of the court clerk for specific information about forms and filing fees.
It is legal, however any descision made with the PoA can and (unless benificial to the divorced spouse) probably will be overturned by the courts during the process of divorce. If the spouse has gotten a legal withdraw if the PoA then no, it is not legal. Any debts accrued do to use of the PoA during a divorce will most likely be turned over to the person who accrued the debt, reguardless of the PoA.
You must first file for divorce, then the papers have to be served to the inmate. If you use the sheriff or a professional to serve the papers, or if you serve them yourself, they must first go to a prison official. If your divorce involves any court appearances, your spouse will have to participate either by phone or through his attorney. The court is likely to reserve child support while the person is in prison, putting the inmate under no obligation while they are incarcerated.
After Karen's divorce, she married Steve, thus fitting into the legal definition of digamy: a second marriage after a divorce or death of spouse.
In this state, at least, your spouse must file for divorce in the county of residence. All court documents with only a few exceptions (children, sealed incitements) are public record. If a petition for a divorce has been filed, it will be on record.
No, in the United States, it is illegal for anyone to intentionally withhold or tamper with someone else's mail. Mail tampering is a federal offense under the Postal Reorganization Act. If your husband is doing this, you can report it to the United States Postal Service.
In Alabama, divorce papers can be filed at the Circuit Court Clerk's office in the county where you or your spouse reside. You will need to complete the necessary divorce documents, including a complaint or petition for divorce, and submit them along with the required filing fees to initiate the divorce process. It is recommended to consult with an attorney or use online resources to ensure you meet all the necessary filing requirements.
It probably would be a good idea to have one, just in case something comes up.
Florida is a no fault divorce state. That means that you can get a divorce for any or no reason at all. If your husband won't sign divorce papers, then you're going to have to file a petiton for divorce in court. If you have no minor children or real property, you qualify for a simplified divorce. In any event, the main courthouse in any county in Florida should have a self help center or go to the clerk's office if your county does not. Most forms used in court are readily available as they have been approved by the Florida Supreme Court for court use. If there's no self help center and the clerk can't help you, go to the library in that courthouse or a local law school library and ask for help in finding the necessary forms. Many counties have a legal aid program if you want help and your finances are lacking or you can always hire a lawyer. In short, you don't need your husband's permission or cooperation to get a divorce. Good luck!
In most cases any legal forms you need can be printed online.You can find the needed forms for a siimple divorce at www.divorce-forms.com. Here is a library of current forms for use, they include any relating ones to. http://www.nycourts.gov/COURTHELP/forms.html
When you are getting a divorce, it is best to ask such questions to a divorce lawyer. You will be far better off to get everything done correct from the start. If you can not afford a divorce lawyer, a number of stationary stores have legal forms that you can use. Buy one of them. Do something sensible rather than use this!