Divorce and Marriage Law

How do you file for a divorce if your spouse is incarcerated in a Florida state prison?


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2007-01-18 03:26:39
2007-01-18 03:26:39

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.

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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?

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. http://www.pamelawynn.com/procedure/jail-house-blues-a-florida-inmate/

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

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.

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.

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

The spouse cannot refuse visitation, however the courts can.

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

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.

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.

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.

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.

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

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.

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.

all you have to do is contact a lawyer and file for divorce they will serve him the papers in prison . as far as having a child together , hes in prison so there really isn't an issue of custody and if you want him to have visitation and set up child support you can do that when he gets out.

In the state of Florida you cannot get a divorce in a month. It take at least 6 months to get a divorce.

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

spouse of incarcerated collect full stimulant benefit.

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

Yes, and yes. Although you can use the fact that he is in prison against him, he can still contest it.

If you filed for divorce in the state of Florida and you know your spouse is in a relationship, you have minors and its only been three months can you get custody of your children

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.

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 afford.

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