Can I finalize my divorce if my husband goes to jail? 17 Answers as of June 01, 2011

Can I finalize my divorce if my husband goes to jail for contempt of court while he is in there?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Davies Law Firm, P.A.
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
Replied: 6/1/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
Yes if he is in jail long enough.
Answer Applies to: Oregon
Replied: 5/31/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
It depends on the circumstances and the judge.
Answer Applies to: Connecticut
Replied: 5/31/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. A default divorce may proceed if your spouse fails to respond to the divorce petition or hire counsel to represent him in court.
Answer Applies to: Minnesota
Replied: 5/31/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes you can. Speak to an experienced lawyer about it for details.
Answer Applies to: New York
Replied: 5/31/2011
    Rice & Co., LPA
    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
    Replied: 5/31/2011
    Komanapalli Massey LLP
    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
    Replied: 5/31/2011
    Seattle Divorce Services
    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
    Replied: 5/27/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If he agrees to what you're asking for, or you win by default, or if there is atrial set up and he doesn't show up.
    Answer Applies to: Washington
    Replied: 5/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You should consult with a divorce attorney in your community. Here, it could be possible to get it accomplished and I am confident that when you retain a divorce attorney, they will be able to help you. Good luck!
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You can but you will have to notify the clerk's office in advance so that they can have him brought in.
    Answer Applies to: Connecticut
    Replied: 5/27/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio and Michigan, yes. Your lawyer can keep the process in motion.
    Answer Applies to: Ohio
    Replied: 5/27/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 5/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes, you may even be able to get a default judgment against him. Stay well.
    Answer Applies to: Alabama
    Replied: 5/27/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. If you are in my area and need an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/27/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    I do not have enough background; but, in Washington, it is possible with proper notice.
    Answer Applies to: Washington
    Replied: 5/27/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney