The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Yes, you can. A lawyer can make this go faster and with fewer problems. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Rice & Co., LPA | Kollin Rice
A divorce case can go to trial without the presence of the defendant, but probably not the plaintiff. If you are the plaintiff, you should be able to go forward, though the court would likely grant him a continuance if he is incarcerated for only a short time. If your husband is the plaintiff and you want to go forward with the divorce, you want to make sure that you have filed a counterclaim for divorce, or file one if you have not already. I have had a few cases where the parties have agreed on terms for divorce while one was incarcerated in the local jail, but awaiting shipment to the penitentiary. In those cases, the court may order the other party brought over, usually with guards and shackles, in order to put the agreement on the record and resolve the case. (These cases were in Lucas County, where the jail is a short walk from the Domestic Relations Court. There are counties where the prisoners would need to be transported by vehicle, and the court and the sheriff might not be so willing to cooperate there.)
Answer Applies to: Ohio
Komanapalli Massey LLP | Mark A. Massey, Esq.
Yes. You simply have to make sure that he is served all papers you file in the court so that he may have an opportunity to respond as he wishes. Service may be accomplished by mail if you are unable to personally serve the original petition. If that is already served and filed, which is what it sounds like has been done, then you may finalize the dissolution despite his absence. Just mail him copies of all documents you file, as I said.
Answer Applies to: California
Seattle Divorce Services | Michael V. Fancher
Under Washington law Washington laws you can complete the divorce, but there may be some issues you need to deal with such as getting papers to him in jail, him being able to get transported to court for trial, etc. Talk to an attorney in your area for more information.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
Yes, if he has been give proper notice of the proceedings. But, you must understand that "finalizing" the divorce probably only means that the marriage is dissolved. Resolution of financial issues without his presence or cooperation may be more difficult while he is in jail, but it can still be done.
Answer Applies to: Colorado