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.
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?
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.
You can serve an incarcerated spouse papers in prison in the normal fashion. Additionally it is not necessary for them to sign (if they contest) because you can still get a default divorce. There are jurisdictional issues and other elements that make a prison divorce more complicated than a regular divorce that I would really encourage you to seek legal aid.
You can file for divorce without his approval. The lawyer will serve your spouse with the papers in prison and usually anyone in prison will grant the divorce. If he should refuse the law is basically on your side, but if you have children other provisions may have to be made because he is the father of those children and the courts would have to decide that. Marcy
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?
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…
If you filed for divorce and knowing your spouse is in a relationship and that you have minors before 6 months is up in the state of Florida?
The procedure for divorcing an incarcerated spouse is the same as it would be if said spouse were not imprisoned. That being the case, the expense depends upon who the filing spouse chooses to be their attorney. There are no provisions for state assistance or a discount in legal fees based on a spouse being incarcerated. There are legal organizations that can assist in the dissolution of marriage process based on what the petitioner can…
You have power of attorney fpr someone whom is incarcerated he wants a divorce and his spouse agrees so can you sign for him?
Generally, no. It is unlikely a judge would allow it and more likely that the court documents will need to be sent to the prison. The ones needing any signatures will need to be sent back to the court. See the link for examples of more pertinent information. https://www.illinoislegalaid.org/legal-information/your-spouse-jail-or-prison-and-you-want-divorce