Divorce and Marriage Law
Divorce

What is the least expensive process to divorce an incarcerated spouse in Ohio?

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2011-09-14 10:42:12
2011-09-14 10:42:12

The cheapest way is an uncontested divorce. Which means you both write down and agree upon the dividing of the assests and children, if any and go to a lawyer that does such. The local pennysaver or local paper or phone book will have lawyers that do uncontested divorces. Bring your paper to you soon to be ex with your stuff written down and notarized and see if the prison has a notary on staff, if not bring your own, get him to sign the paper and the cost should be minimal. I did mine in Florida 10 years ago and it only cost $275.00. it shouldn't be that much more now because there is no fighting or back and forth. Good luck.

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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.

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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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/

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.

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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.

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

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.

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.

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.

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.

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.

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

Yes, a person serving a sentence in a state or federal facility can have divorce petition (or other legal actions) served upon them, and has the legal right to respond through the prescribed facility regulations.

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.

The procedure is the same as if the person were not in confinement. File the proper documents in the state court of venue where you reside, and he will be served notice in accordance with the laws of that state.


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