Can I obtain a divorce while my husband is in jail? 18 Answers as of December 09, 2013

My husband and I were married in November 2012 and he has been in jail since January 2013. I am wanting to get a divorce and I am being told that I cannot obtain one while he is locked up. I would like to know if I can and how I would go about doing it.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona there is nothing to prevent you from filing a petition for dissolution against an incarcerated spouse. It would be best for you to consult with an experienced family law attorney to assist you with at least advice on how to proceed. Here is a link to the Maricopa County self service center online: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/
Answer Applies to: Arizona
Replied: 12/9/2013
Diane l. Berger | Diane L. Berger
I don't know what state you are living in but in Nebraska you absolutely can obtain a divorce whether a spouse is in jail or not.
Answer Applies to: Nebraska
Replied: 12/9/2013
Zarbano Law Office | Margaret Zarbano
Yes. Serve him in jail with the divorce papers.
Answer Applies to: Nebraska
Replied: 12/9/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You can get a divorce. File the petition and contact the jail to determine their procedure on serving papers on a prisoner.
Answer Applies to: California
Replied: 12/9/2013
Tricia Dwyer, Esq. & Associates PLLC
Tricia Dwyer, Esq. & Associates PLLC | Tricia Dwyer, Esq.
Generally, it is possible to seek divorce in such a situation and you are welcome to contact me. Of course, I wonder who told you you cannot do so.
Answer Applies to: Minnesota
Replied: 12/5/2013
    Peyton and Associates | Barbara Peyton
    Not true. File for divorce and have him served at the prison or jail he is in. Good luck.
    Answer Applies to: California
    Replied: 12/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure you can. File your complaint and have him served in jail.
    Answer Applies to: Idaho
    Replied: 12/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can do it in Michigan, and most, if not all, other states.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Yes you can if you can satisfy the grounds for divorce required by law.
    Answer Applies to: Pennsylvania
    Replied: 12/5/2013
    Borzilleri Law Office | Christine Borzilleri
    As long as your husband is properly served in accordance with the Rules of Domestic Procedure you can obtain a divorce.
    Answer Applies to: Rhode Island
    Replied: 12/5/2013
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes you can. If your husband will agree to the divorce, you can get it done through the mail to him, having him sign all the necessary paperwork and then filing everything with the Court. You can also retain a Mediator to assist both of you in getting the paperwork and settlement agreement completed. You can also retain an attorney to do everything for you. Finally, if he does not agree to cooperate, it can still be done, however, I suggest you retain an attorney to get it done on your behalf.
    Answer Applies to: Florida
    Replied: 12/5/2013
    John Russo | John Russo
    Yes you can, but you really should speak to counsel, we cannot walk you through this process, the only difference between your situation and a regular divorce is that he must be brought in for every court date therefor there has to be a habeas corpus issued for him each time, if he is in federal lookup you need permission for video hearing no big deal, if you know what you are doing.
    Answer Applies to: Rhode Island
    Replied: 12/5/2013
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You file and have him served in jail.
    Answer Applies to: Washington
    Replied: 12/5/2013
    Law Office of Robert E McCall | Robert McCall
    Contact the jail facility for their procedure as to service of process on inmates. File contested DOM action in the normal fashion.
    Answer Applies to: Florida
    Replied: 12/5/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes you can.. hire an attorney to do it right.
    Answer Applies to: Michigan
    Replied: 12/5/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    In Mississippi, if your spouse has been sentenced to prison and has not received a pardon from the governor prior to entering prison, you can get a divorce on that ground alone. If your spouse is not in prison, but is in the local jail, you can still proceed with a divorce action, but will need to prove another fault ground, such as adultery, habitual drunkeness, habitual drug use, etc. Divorce laws vary from state to state. You should contact a local attorney to discuss your situation in more detail.
    Answer Applies to: Mississippi
    Replied: 12/5/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes you can. File for divorce and have him served in jail. The process is easier with an attorney to help.
    Answer Applies to: Wisconsin
    Replied: 12/5/2013
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    You can obtain a divorce while your spouse is incarcerated. You need to obtain service of the divorce complaint and a summons on the spouse, and you may need to obtain orders that your spouse be transported from jail to the court for any required hearings. It is more complicated to obtain a divorce when a spouse is incarcerated and you may need the services of an attorney to navigate the requirements. If your spouse is in agreement with the divorce, and with the terms of a settlement, you can file online through the program provided by the state court system in Utah, and have the paperwork served on your spouse in jail. They can sign or approve the documents that will be submitted to the court.
    Answer Applies to: Utah
    Replied: 12/5/2013
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