answersLogoWhite

0


Best Answer

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.

User Avatar

Wiki User

17y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

18y ago

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.

This answer is:
User Avatar

User Avatar

Wiki User

16y ago

You need to find out what the legislation is in the province you reside in to determine whether or not you can handle the divorce application on your own. Do you have children, property things like that. What are the grounds for the divorce? Have you been separated for an extended period of time? These are all questions that need to be answered before you begin. If it is a simple divorce you can make application yourself. Or you can get a lawyer to handle everything (which usually costs an arm and a leg). No simple answer to this question.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

Proceedings are the same, the difference will revolve around how the party that is currently incarcerated receives notice. The state rules of civil procedure will detail how to provide notice to an incarcerated individual. Once notice has been made, it becomes the responsibility of the other party to respond to the suit.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

It is possible to divorce someone who is in prison. The best approach in any individual case will depend on the laws of the state in which you live. Additionally, it would be beneficial to speak with a family lawyer in your state because of jurisdictional issues concerning where you can file for divorce. You will go through the divorce process in the same way you would if your spouse was not in prison (file the necessary paperwork, signatures, etc).

This answer is:
User Avatar

User Avatar

Wiki User

14y ago

It is possible to divorce someone who is in prison. The best approach in any individual case will depend on the laws of the state in which you live. Additionally, it would be beneficial to speak with a family lawyer in your state because of jurisdictional issues concerning where you can file for divorce.Generally speaking, incarceration is a legitimate ground for divorce in many states, including Maryland, New York, Pennsylvania, Texas and New Jersey. The length of incarceration necessary for divorce on this ground varies from state to state, but is commonly around 1-3 years.

This answer is:
User Avatar

User Avatar

Wiki User

13y ago

The process is begun by filing divorce papers in court (usually with the help of an attorney). The papers are then served to the inmate, who has the opportunity to respond (even while in prison). Divorces are finalized, in the usual way, even when the individual is still in prison.

This answer is:
User Avatar

User Avatar

Wiki User

14y ago

Get the paperwork organised, then send it to her.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

Just like any other divorce in the US

1st....Hire an attorney....

2nd...Fill out all the paper work and the attorney will begin the divorce process..

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: How do you divorce your incarcerated spouse?
Write your answer...
Submit
Still have questions?
magnify glass
imp
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.


Incarcerated spouse will not allow visitation if you divorce?

The spouse cannot refuse visitation, however the courts can.


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.


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.


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.


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

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/


Can an inmate who received a life sentence contest a divorce in Florida?

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.


What are your rights in filing for divorce from an incarcerated spouse?

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.


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.


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.


Are there any specific actions needed to divorce a spouse who is incarcerated in Virginia and does the court appoint a Guardian Ad Litem for them?

A GAL is only appointed by the court for minors or persons who have been deemed legally incompetent. The process of divorcing a prisoner is the same as it would be if the person was not incarcerated.


What is adultey or divorce?

Adultery is when you cheat on your spouse and divorce is when you end the marriage from your spouse.