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The procedure is the same as if the person were not in confinement. File the proper documents in the state court of venue where you reside, and he will be served notice in accordance with the laws of that state.

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โˆ™ 2005-10-17 13:47:33
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Q: How do you divorce an incarcerated spouse?
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Related questions

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 get a divorce for free from incarcerated spouse?

If your spouse is incarcerated in an Alabama prison and sentenced to more than a year and a day,can you get a divorce for free or for a dollar?

Can you get a divorce for free from incarcerated spouse in Texas?

no you can't

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.

Can your incarcerated spouse get a free divorce?

Only if he finds a lawyer that will do it for free.

Can you get a divorce for free is your spouse is incarcerated in Florida?

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.

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.

If you marry an inmate in a Florida prison can you divorce him if he refuses to divorce you because you knew he was incarcerated when you married him?

He can refuse, but that will not prevent the requesting spouse receiving a divorce under the default laws.

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.

Can you file for divorce for free in Louisiana if your spouse is incarcerated?

If you file , the filing fee is based on your income. If you are broke, you can file for a fee waiver.

Does a spouse have to pay back Social Security benefits received for a spouse who was incarcerated?

Yes, a spouse would have to pay back Social Security benefits received for a spouse who was incarcerated.

What are your rights in filing for divorce from an incarcerated spouse?

The 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.

Can you get an annulment from a spouse in Wisconsin if he is in prison and you have been married longer than 5 years and your spouse has been in jail for 18 months?

No, the spouse wishing to end the marriage would need to file for a divorce, in some states it is referred to as a dissolution of marriage. The prescribed divorce procedures required by the state of residency also apply to a spouse who is incarcerated.

Can you get a divorce while incarcerated?

You can do it.

Can the spouse of in incarcerated person collect his social security benefits?


How do you divorce a spouse who is in prison?

By using the same procedures as anyone else wishing to divorce as prescribed by the laws of the state in which you reside. There are not different laws pertaining to divorcing someone who is incarcerated as compared to someone who is not.

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.

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.

Can you get a divorce if your spouse is incarcerated?

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.

Can a person get a divorce if both parties are incarcerated?

Yes, a person can get a divorce if both parties are incarcerated. One of the parties will have to hire an attorney to get the proceedings started.

What is adultey or divorce?

Adultery is when you cheat on your spouse and divorce is when you end the marriage from your spouse.

Is spouse still legal next of kin if going through a divorce?

While the divorce is pending, the spouse is still the spouse, and the legal status does not change. On the day that the divorce is granted, the spouse is no longer the spouse, and reverts to non-related.

Has any spouse been incarcerated for opening spouses mail?

Has ANY spouse at ANY time in HISTORY EVER been incarcerated for this offense? (!!!) A specific answer to this question cannot be made.

How do you divorce a spouse who is in prison what forms do i use?

how do you divorce a spouse who is in prison and what forms do i use