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.
You'll need to file for divorce in Texas, specifically in the county where you currently reside in Houston. Texas family law will govern your divorce proceedings, even though you were married in New York. You can consult with a family law attorney in Texas to guide you through the process.
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.
Yes
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.
Everything filed with the clerk of court is a public document unless ordered sealed by the court.
How do I divorce an inmate in TexasAnswerdivorce an inmate in Texas
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
If he had the civil rights to marry her, he should have the rights to divorce. Incarceration is grounds for divorce in many states.
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.
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.
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.
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.
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.
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.
If the prisoner is not going to contest the divorce, have the spouse file for an un-contested divorce in their local court. The case will eventually be heard and if the prisoner returns all the completed paperwork that he will be sent, there should be no problem with it.
The process is the same as if the person being served were not incarcerated. The party requesting the dissolution of the marriage files suit in the state court in the county in which he or she currently resides.