You file for divorce in prison the same way you would file if you were not in prison. The main problem you have is availability of resources. Get a good friend to mail you everything you need. I would recommend a divorce kit from your local Office Max or Office Depot.
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∙ 17y agoWiki User
∙ 17y agoIs there a Law Library available to you? If so, the librarian can assist you. If no Law Library is available get a phone book (if you can) and go the attorney section and try to find a public defender-type attorney. If you can't get a phone book and you're writing someone in free world ask them to find a couple of addresses for you to write to. Sometimes you can even talk to the officers that work at your facility and they MIGHT help you...you're probably taking a chance there, but you never know. Don't try to establish an inappropriate relationship--waayyyy wrong idea. But there might be a boss or two that could give you some direction. * All state and federal prison system have contracted legal counsel usually referred to as Prisoner Legal Services. A divorce package can be obtained through this service. Ask the cell block supervisor, the chaplain or whomever is in charge of prisoner communications for the contact information. Incarcerated persons do not qualify for public defenders when it pertains to civil matters.
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∙ 13y agoUnder th eSuprme Court findings in Bodie v Connecticut and Love v Love, an inmate can access the court for a variety of reasons and divorce will be one of them. Antolin Andrew Marks. If the inmate was prevented from so filing, he could bring a mandamus action to direct that his matter be filed. AntolinAndrew Marks.
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∙ 9y agoAn inmate needs to file a petition for divorce either through the prison library or a court appointed attorney. They can also do this themselves.
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∙ 12y agoSame way you divorce anybody else, except that you have the inmate served with papers in prison, so you can take a default if the inmate doesn't sign the papers.
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∙ 15y agoCan an inmate in Texas file for a divorce and do the work himself while being incarcerated when his wife lives in another state?
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∙ 9y agoAn inmate can file for a divorce just like anyone else. The inmate can hire an attorney to file the paperwork for him or get a family member to start the proceedings.
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∙ 5y agoSame as you divorce anybody else, but you have the inmate served with papers in prison, so if the inmate doesn't sign the papers, you can take a default judgment.
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∙ 11y agoGet a lawyer to do it.
File where you live now, Houston.
In order to file for a divorce, you have to be legally separated. You can file these papers on your own or hire an attorney. After a legal separation and a time period, you can then file for divorce or dissolution.
Yes, it's called emancipation.
If the child was conceived AFTER your marriage , it is grounds for divorce.
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.
How do I divorce an inmate in TexasAnswerdivorce an inmate in Texas
The procedure to file a divorce is the same for all residents of Ohio including those that are inmates. The inmate will need to have someone file the paperwork for them.
Divorcing an inmate in Illinois is the same as divorcing a civilian in the state. You can hire an attorney to file the paperwork or file the paperwork on your own. The inmate will be served with the papers while in prison.
It is really quite easy to divorce a prison inmate in the state of Alabama. First, one would need to retain a lawyer. Then the lawyer will file the necessary paperwork to get the divorce started.
In most Texas counties, it costs between $200-$250 to file for divorce In most Texas counties, it costs between $200-$250 to file for divorce
An inmate can be served divorce papers while in a California prison from a spouse in Oregon. An attorney will need to be hired to file the paperwork in the state of Oregon.
Essentially, the procedures are the same as if he were not an inmate. You will file the divorce. He will be served papers. Where it differs is he may not be (likely will not be) writted out so that he can attend any court hearings.
If he had the civil rights to marry her, he should have the rights to divorce. Incarceration is grounds for divorce in many states.
It is unlikely that they could file a valid criminal complaint against the other inmate but you could file an internal complaint with the jail administration.
You file divorce in the state in which you are a resident, regardless of where you were married. So if you are resident of TX, that's where you file for divorce.
No. There is no law stating that you have to live apart from your spouse to file for a divorce. :)
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.