Can I get a divorce if my husband is in jail and should be for 3 years? 26 Answers as of June 13, 2013

He knows I want this so will it be easy. We have no kids no cars, no homes, nothing together. I just want out of an unhappy relationship.

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Law Office of Melvin Franke | Melvin Franke
Yes, Call Legal Aid.
Answer Applies to: Missouri
Replied: 11/6/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File and serve your divorce petition based on irreconcilable differences. If he fails to answer the pleading within the court allotted time, take his default.
Answer Applies to: California
Replied: 11/2/2012
Law Office of Angela M. Riccio | Angela M. Riccio
Yes, you can.
Answer Applies to: Illinois
Replied: 6/13/2013
John Russo | John Russo
Yes.
Answer Applies to: Rhode Island
Replied: 5/21/2013
Law Office of Eric S. Lumberg | Eric S. Lumberg
You can get divorced from someone that is in jail. However you may have some delays as certain things will need a longer response time. The judge may allow inmate certain other leniency because of the situation.
Answer Applies to: Michigan
Replied: 11/1/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    You can obtain a divorce one of two ways. One way would be for him to sign off on all of the necessary papers in a joint petition or divorce decree. Otherwise, you might be able to obtain a divorce on default b/c your husband cannot appear. I would recommend retaining private counsel. An uncontested divorce is less expensive. You can also find forms online at the Family Court website or directly at the Family Court.
    Answer Applies to: Nevada
    Replied: 11/1/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Yes, you can file and have him served in jail.
    Answer Applies to: California
    Replied: 11/1/2012
    Pollock & Associates LLC | Candice Ragsdale-Pollock, CWL
    In reply, yes you can file for a ivorce while he is incaarcerted. You would have him served in jail and he wo9uld have an opportunity to answer yiur Divorce Petition. Even if he contests yur petitiin, yu will still b able to obtain a Divorce, however, you may need to obtain counsel in order get through the entire process.
    Answer Applies to: Utah
    Replied: 11/1/2012
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana you may obtain a divorce for any reason or no reason, simply because you want one. If a spouse has committed a felony and is sentenced to hard labor, the other spouse may obtain an immediate divorce. The divorcing spouse can prove their case with a certified copy of the minute entry showing the conviction and sentence of the defendant spouse. If the convict spouse is not sentenced to hard labor, the divorcing spouse must wait the required waiting period. In the case of no children that waiting period is six months. You should contact a divorce attorney immediately to discuss your specific case and circumstances.
    Answer Applies to: Louisiana
    Replied: 10/31/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, it is absolutely possible to get a divorce while one of the parties is incarcerated. Given the facts which you have offered, it would appear he would be a simple case.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Blough Law Office | Janis L. Blough
    Yes, you can divorce someone who is incarcerated.? Usually the jail or prison will coooperate in serving the papers.? An experienced attorney would be invaluable in preparing the paperwork, arranging for service, and?getting ?an appropriate judgment entered.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Yes. You may even qualify for a summary dissolution.
    Answer Applies to: California
    Replied: 10/31/2012
    Attorney at Law | Michael P. Vollandt
    Yes. Usually the prison people will make sure that he is serve if you send the papers to them.
    Answer Applies to: California
    Replied: 10/31/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, you can obtain a divorce with him incarcerated.
    Answer Applies to: California
    Replied: 10/31/2012
    Victor Varga | Victor Varga
    Yes.
    Answer Applies to: Maryland
    Replied: 5/28/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Given your circumstances, you can proceed with a divorce action.
    Answer Applies to: Georgia
    Replied: 10/31/2012
    Kingloff & Travis | William K Travis
    You may get a divorce from him if he is in jail. He can legally be served in jail and it is unlikely that he will be transported to the courtroom to testify. There are particular rules for having the papers served on him and you should contact either Legal Aid or a private lawyer to assist you. The family law information center (or similar court office) may be able to assist you as well.
    Answer Applies to: Georgia
    Replied: 10/31/2012
    Theodora Fader | Theodora Fader
    Yes, you can still get a divorce in the State of Michigan even if your spouse is in jail.? The procedure is much the same as any other divorce.? Service of the summons and complaint can be a bit tricky and if your spouse does not cooperate it can be difficult, but still quite possible, to complete the case.? It is a good idea to have an attorney assist you to make sure that the case is processed correctly.
    Answer Applies to: Michigan
    Replied: 10/31/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Arizona is a no-fault state, so you do not need to state "grounds" to get divorced. This should be relatively straightforward, but I recommend you consult with an attorney to discuss the process in greater detail.
    Answer Applies to: Arizona
    Replied: 10/31/2012
    John A. Ferguell P.S. | John Ferguell
    Absolutely. You have to file and have him served in jail. It happens all the time. Will take at least 90 days from date of service.
    Answer Applies to: Washington
    Replied: 10/31/2012
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