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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.

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โˆ™ 2006-08-14 13:02:36
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Q: What are your rights in filing for divorce from an incarcerated spouse?
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Related Questions

Can an incarcerated spouse contese terms of divorce?

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.

Can you get a divorce for free from incarcerated spouse?

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?

Can you file for divorce for free in Louisiana if your spouse is incarcerated?

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

Can you get a divorce for free from incarcerated spouse in Texas?

no you can't

Incarcerated husband property rights spouse?

The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.

Incarcerated spouse will not allow visitation if you divorce?

The spouse cannot refuse visitation, however the courts can.

Can your incarcerated spouse get a free divorce?

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

In Arkansas can you get a Divorce for 1.00 if your Spouse is incarcerated?

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.

Can you get a divorce for free is your spouse is incarcerated in Florida?

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.

Is there a way to get a divorce from an incarcerated spouse without him signing any paperwork?

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.

Is it hard to get a divorce from 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.

In Canada is a divorce considered illegal if a spouse filing for divorce gives false information in order to obtain the divorce?

How do I find hidden money my spouse put in a annuity or trust?

How do you know if a spouse is going to divorce you?

There will always be fights, unknown phone calls coming , and threats of filing for divorce.

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?

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

Divorce and effects of chapter 7 on non filing spouse?

Generally speaking, when one spouse files for bankruptcy, the non-filing spouse should not be effected by this because they are only filing as to their individual debts. They are still obligated to the joint debts they share with you. Additionally, if you are in the process of a divorce the fact that one has filed for bankruptcy does not extinguish his duties to pay the divorce settlement, child support, alimony, etc.

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.

Could an inmate request a divorce and get one even if his wife denies it?

A person cannot be denied a divorce, but the terms of the divorce can be contested which sometimes leads to a long and lengthy court battle. When a spouse is served with a dissolution of marriage summons and fails to respond the spouse seeking the divorce may petition the court for a motion of default. A judge will review the petition to be certain everything is in order, the judge may also choose to interview the filing spouse. After the judge is satisfied that proper procedures have been followed the divorce will be granted by default. The non-responsive spouse will be notified that the divorce has been granted and that they have forfeited their legal rights to contest any of the terms that were included in the original dissolution of marriage petition. These procedures apply whether a spouse is incarcerated, residing in another state or living outside the country. Be advised, a divorce granted by default does not relieve a spouse of the obligation of child support, that is a different issue.

What marital rights does an incarcerated spouse have?

The right to ownership of marital property as allowed under the laws of the state where the couple last resided or were married; the legally retaining of parental rights until/unless a court rules otherwise and the right to obtain a divorce.

How long do you have to wait after you file for divorce?

my spouse is a convicted sex offender how long after filing a divorce in Indiana what is the wait time for it to finalize.

How would one spouse divorce the other spouse if they don't know where that spouse currently lives?

You will be required by the court to publish a notice of the divorce filing in the paper. For more information you should visit your local family court.

Can you divorce your spouse without the signing and do you have to go to court?

You need to file a divorce in your state court. Only a court decree can legally dissolve a marriage in the US. You will be required to notify your spouse of the filing.

Can the spouse of in incarcerated person collect his social security benefits?


Does a spouse have to pay back Social Security benefits received for a spouse who was incarcerated?

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

What is the cost of divorcing a prison inmate in Wisconsin?

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.

How to know if a divorce is filed against you?

You have to be served with divorce papers. Unless you are in hiding, you should be visited by a server if a divorce is in the works. Or, yu could just ask your spouse if he is filing?