Divorce and Marriage Law
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How do you obtain a divorce in Florida when the spouse is in prison?

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2005-11-17 20:34:45
2005-11-17 20:34:45

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

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

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

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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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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.

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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?

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You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.You can refuse to be served. Refusing to accept divorce documents will not stop a divorce. Your spouse can get a divorce whether you cooperate or not. It may take a little longer. If you continue to ignore the proceeding your spouse can eventually obtain a divorce in your absence and your interests will not be represented.

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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/

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

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

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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

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If the spouse is in jail, a no fault divorce can be obtained. There will be some special procedures to serving the person his papers.

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No. Your second marriage is null and void if you were already married. You must have lied on your application for your second marriage license or it would not have been issued. You must obtain a divorce from your spouse and then marry your new spouse.No. Your second marriage is null and void if you were already married. You must have lied on your application for your second marriage license or it would not have been issued. You must obtain a divorce from your spouse and then marry your new spouse.No. Your second marriage is null and void if you were already married. You must have lied on your application for your second marriage license or it would not have been issued. You must obtain a divorce from your spouse and then marry your new spouse.No. Your second marriage is null and void if you were already married. You must have lied on your application for your second marriage license or it would not have been issued. You must obtain a divorce from your spouse and then marry your new spouse.

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The process is begun by filing divorce papers in court (usually with the help of an attorney). The papers are then served to the inmate, who has the opportunity to respond (even while in prison). Divorces are finalized, in the usual way, even when the individual is still in prison.

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Yes you can as both of you are living and also got married in the U.S.A.

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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.

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Yes, you have a legal opportunity to contest a divorce and the fact that your spouse is in prison (although that complicates things) doesnt really matter in this instance. However, when one spouse want s a divorce and goes through the motions of filing all the proper paperwork, etc there is not any way to really stop it absent a reconciliation. This is because the law views divorce as a partnership contract and you cannot keep someone in a contract against their will.

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Yes, a United States citizen can divorce their Filipino spouse. Contact a lawyer to obtain information on how to go about applying for your divorce.

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No. If your spouse refuses to sign divorce papers, or file an answer with the court contesting the divorce, then you can still obtain the divorce. The process becomes a bit more complicated, though. You must be able to prove that your spouse knows that you have filed for divorce. Have them served with divorce papers, or some states will allow you to publish that you have petitioned for divorce-by taking out an ad in a local paper or posting notice at the courthouse. Then you must wait a predetermined amount of time for your spouse to answer. If they do not, then you receive an uncontested divorce. Call your local county clerks office for information on publishing.

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Usually if you serve your spouse and they do not sign the papers under a 30 day period in most states, you may win your divorce by default. Divorce by default happens when the served party fails to respond to the divorce papers served.

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One can obtain an easy divorce by filling out all the papers and making agreements with their spouse before hand. One can also pay a processing fee to insure faster processing.

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


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