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.
The State of Florida is a no-fault divorce state, meaning the court will not assign fault to either party for the divorce. Neither spouse can prevent the other from obtaining a divorce. Marriage is not a prison and an inmate who is incarcerated for life cannot impose a life sentence on their spouse. She/he has the right to move on with their life. The inmate does not have to consent to the divorce.
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.
No you cannot sue your spouse on that ground. However, you can divorce him.No you cannot sue your spouse on that ground. However, you can divorce him.No you cannot sue your spouse on that ground. However, you can divorce him.No you cannot sue your spouse on that ground. However, you can divorce him.
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