How could I get a divorce if my husband is incarcerated? 9 Answers as of June 26, 2015

I have been separated from my husband for 18 years. Neither of us have ever filed anything. He went to jail a few months ago. Is there a lot of red tape to go through if I want a divorce?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It depends on what you think is a lot of red tape. Lots of family lawyers have represented spouses in divorces where the other spouse is incarcerated, or living abroad, or otherwise hard to reach. It can be done. It's only a little more difficult than a conventional divorce. You would do well to retain an experienced matrimonial lawyer.
Answer Applies to: Wisconsin
Replied: 6/26/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You should contact an attorney.
Answer Applies to: Michigan
Replied: 6/26/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You have to file the divorce documents and have him served at the jail.
Answer Applies to: California
Replied: 6/26/2015
Law Offices of Lauren H. Kane | Lauren H. Kane
You can file for a divorce under a 2 year separation ground.
Answer Applies to: Pennsylvania
Replied: 6/26/2015
Law Office of Darin Kanfer | Darin J. Kanfer
You have to serve him the papers in the jail. Then the divorce will proceed as normal.
Answer Applies to: Michigan
Replied: 6/25/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not really. There are a few additional concerns - but the main question is: contested or uncontested?
    Answer Applies to: New York
    Replied: 6/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Your question suggests that you have little or no assets to divide. The divorce process takes a minimum of six months from the date that you serve the petition on your estranged husband. Go to your local family law division and get a divorce packet and determine if they have divorce clinics to help you understand the pressing of your paperwork.
    Answer Applies to: California
    Replied: 6/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    You have to divorce him like anyone else. You may qualify for a "summary dissolution". If your two cooperate you'll simplify things.
    Answer Applies to: California
    Replied: 6/25/2015
    The Gufford Law Firm, P.A.
    The Gufford Law Firm, P.A. | Joseph Gufford
    Yes, there is lot's of red tape with all divorces these days thanks to our ever so wise Florida Legislature. However, just because your Husband is in jail, you can still proceed forward with a divorce action.
    Answer Applies to: Florida
    Replied: 6/25/2015
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