How can I get a quick divorce from a prisoner? 12 Answers as of June 12, 2015

My daughter's husband is in prison and will be there for several years. She wants a divorce so she can move on with her son and fiance. Her current husband is an inmate and may give her a hard time.

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Reza Athari & Associates, PLLC | Seth L. Reszko
If the husband is willing to sign the papers; that will be the fastest way. If not, you can file a summons and complaint and the Judge can enter a decree in his absence. That will take a little longer but it can be done.
Answer Applies to: Nevada
Replied: 6/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
File the divorce and have him served in prison.
Answer Applies to: California
Replied: 6/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Your daughter should hire an attorney.. If the son is the guy's in prison it will take a minimum of 6 months in the state of Michigan.
Answer Applies to: Michigan
Replied: 6/11/2015
John Russo | John Russo
The quickest way would be to retain a good divorce lawyer, you will get lost in the procedural content, never mind the legal issues, and if he is in a federal lockup its even worse.
Answer Applies to: Rhode Island
Replied: 6/11/2015
Law Office of Robert E McCall | Robert McCall
File the normal paperwork and have him served the papers in the prison. Time for the divorce depends on the Judge.
Answer Applies to: Florida
Replied: 6/11/2015
    Peyton and Associates | Barbara Peyton
    File a petition for divorce and have it served on him at the prison. Prisoners are treated the same as non-prisoners. Good luck.
    Answer Applies to: California
    Replied: 6/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: retain an experienced matrimonial lawyer. It's almost always worth the investment, and can save you a lot of grief and wasted time. There are a few obstacles (not necessarily many) in bringing any legal action against a prisoner. Hopefully your lawyer will have the knowledge and resourcefulness to overcome them. (It can be done. But it's not likely to be 'quick.') Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/11/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The length of time to be returned to the status of a single person is 6 months from the date the petition was served on the other side.
    Answer Applies to: California
    Replied: 6/11/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    She will need an attorney to assist her if the divorce is going to be contested.
    Answer Applies to: Michigan
    Replied: 6/11/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    If he may fight her on the provisions of the divorce, then she needs to get the process started. The earliest she can be divorced in California is six months and one day after he is served with her filed court papers for Dissolution. Make sure she moves forward right away with her required preliminary disclosures and demands his in return.
    Answer Applies to: California
    Replied: 6/11/2015
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    It can be done. Easier to do it with an attorney because of service and notary issues.
    Answer Applies to: Nevada
    Replied: 6/11/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    If her husband wants to delay the process, he can use all the procedural delays available to any party to a dissolution. I would suggest that she speak with him first and get his cooperation before moving forward. If he refuses, she can file the papers with the Court, have him served with the proper papers, in jail, and move forward as warranted. Good luck.
    Answer Applies to: Florida
    Replied: 6/11/2015
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