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
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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A California prison inmate can initiate divorce proceedings by contacting a divorce lawyer. It will proceed normally from there.
The inmate has to ask for a law clerk to first draw up the papers, be sure to include an "indignet" (not sure on spelling) paper. The divorce papers and the other form are then submitted to the clerk of the court in the county in which that inmate is residing ( for instance if he were at Polk C.I. he'd send them to Bartow). I believe the fee is $1.00. I know for a spouse to file to divorce an inmate the cost is a dollar.
you talk to your attorny
No.
QUINN
He can refuse, but that will not prevent the requesting spouse receiving a divorce under the default laws.
One way is to contact the civil division of the Sheriff's office in the county that the inmate is housed. If you are not sure about the county the prison is in, you can call the Department of Corrections and ask.
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The ability of an inmate to get a divorce through a proxy will depend on the laws of the jurisdiction where the divorce is sought. In some jurisdictions, it may be possible for an inmate to grant a power of attorney to a trusted person to represent them in divorce proceedings. However, it is important to consult with a lawyer familiar with the specific laws of the jurisdiction to determine if this is possible.