Divorce and Marriage Law
State Laws
Jail Incarceration

If a person in jail wants to get a divorce can he get a fee waiver to pay for his divorce?

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2010-12-21 19:44:04
2010-12-21 19:44:04

Well in FL you can file a petition for dissolution even if you are "indigent". This means you do not have the money to pay and you fill out the forms and they verify you do not have the money , then your petition is allowed to be filed free of charge. Just get the information fomr the CLerk of COurt in the county you need the divorce in.

In Oregon you can fill out a application for a deferral or waiver of fees. If you qualify you will either have your fees waived or set aside for a certain amount of time..either way you can file without paying up front.

In Mississippi, my cousin was arrested and when he went to jail they suggested he get a divorce while in jail, they said it would cost about $15. It really matters on the state laws. I hope this was helpful to anyone that is in need.

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my husbands in jail how can i get a fee wavier for divorce

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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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He can have someone buy the correct papers from the court, send them to him and he can fill them out and send them to the correct place to file.

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Your right to file for divorce is not altered by where you were married.

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I don't see why not. * Yes, the procedure is basically the same as it is for persons who are not incarcerated.

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Just wait until you get out, or if she wants it too it'd be a whole lot easier for her to file for it since she's not stuck in jail. ADDED: I notice that your question doesn't mention that SHE wants a divorce from you. Although it would probably be easier for her to file for divorce in NC (if she even wants one) it IS possible for you to do it 'Pro Se' while in federal custody in SC (It's a little more difficult - But HEY, you've got nothing but time, right?). If she wishes to contest your request for divorce and if the two of you have any children it could really open a can of worms. If you have access to any legal aid while in prison see if you can get an appointment to talk with them. You aren't the first person to ever get divorced while in jail, so, it CAN be done.

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Well, if your spouse is in jail, you can get a divorce for just a couple of dollars.

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You can divorce a spouse who is currently in jail as if they weren't even there. You just have to have them sign the legal document allowing you two to go on with the divorce. If he refuses.. then you'll have to take it to court.

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we don't do it anymore were through

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probably because the person that put it on the lake or whatever didn't want to go to jail , because who wants to go jail.

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You don't need a warrant to get a divorce, and you can be served in jail if you do get picked up for outstanding warrants.

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The same way any divorce is obtained. People who are in jail (or being detained) can be served documents pertaining to divorce, lawsuits and so forth. If the marriage is legal the divorce petition can be filed in the state where the couple has established residency. Make sure you file the divorce while she is still in jail, right. I'm assuming it's easier than waiting until she's in another

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If they have been sentenced to more than a year in jail, you can file for divorce.

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Jail will only delay the issue a few days. If he went to prison the courts will make sure that he is able to attend his divorce.

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As soon as the jail you were in had a hold on you for your Texas warrant, you should be getting backtime. You may be responsible for proving that credit, so you'll need to get documentation. I've never heard of them only having 10 days to complete the extradition. Your waiver is in essence a request for speedy trial, therefore Texas has to get you here and tried within six months.

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Unfortunately, divorce is never easy. Still, you can divorce your husband if he is in jail for domestic violence. Papers are sent to the jail just like if he had a physical address. He has a right to contest but just because he is not able to be in court the day of the divorce does not mean it will not be granted. My divorce was finalized 21 days before he got out of jail and he was not permitted to come to the hearing. I don't know who makes that decision. My lawyer did the paper work so I'm not really sure how it was all handled.You DO NOT need his permission to Divorce him.Just go file for a divorce and talk to an Attorney tell them everything.He does NOT have to be present in court or sign anything you can file and get it done.

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You need to have the court papers served to him while he is in jail. He probably won't get custody while he is in jail.

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You will need to ask someone at the jail where the person is held. The jail will have the information on how to get the person released, and if it is possible.

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It is always possible to sue for divorce, even if your husband is in jail. If he has turned out to be a criminal, and you didn't know that when you married him, you could certainly argue that he married you under false pretences. I believe that the court would be sympathetic.

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Bailing out of jail or escaping.

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After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.


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