How do I divorce an inmate? 9 Answers as of March 12, 2014

I want to divorce my husband who is incarcerated for a parole violation. He will be in for 2 years. We have 2 children who he has threatened to fight me for custody of. Can I get a divorce with full custody because of his criminal background?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Custody is not at issue in WA. If you file the divorce, and I suggest you do it now, part of the process involves establishing a parenting plan. Given that he is incarcerated and therefore will not see the children much if at all for the duration of the incarceration, I suggest you get a parenting plan that is graduated and starts with supervised visitation (a few hours) when he gets out.
Answer Applies to: Washington
Replied: 3/12/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Generally, you may most certainly divorce him regardless of the fact he is currently incarcerated. Because he is incarcerated he has no potential of having custody of the children at least at this time. Get an attorney and do it right.
Answer Applies to: Michigan
Replied: 3/12/2014
Law Offices of Lauren H. Kane | Lauren H. Kane
File for divorce and serve him in jail.
Answer Applies to: Pennsylvania
Replied: 3/12/2014
Peyton and Associates | Barbara Peyton
File your papers and have him served
Answer Applies to: California
Replied: 3/12/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
The same way you divorce anybody; you file a complaint and have him served in prison.
Answer Applies to: Idaho
Replied: 3/12/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    Yes, you can. You will need to serve him at the prison. The court would then go forward with the divorce.
    Answer Applies to: Ohio
    Replied: 3/12/2014
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    The divorce process is the same for an inmate as for anyone else. Custody determinations are made on the basis of the best interest of the children - and the specifics of the case matter.
    Answer Applies to: New York
    Replied: 3/12/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File for divorce, serve him in prison, ask for sole custody and placement. The burden will then be on him when he gets out to try and modify the order.
    Answer Applies to: Wisconsin
    Replied: 3/12/2014
    John Russo | John Russo
    First of all I would suggest that you do some extensive research on custody and placement, there are very good sites on the internet for this type of thing, I see and here this term full custody thrown around and am afraid people have a misconception of what it means. Also, you divorce an inmate the same way for the most part that you divorce an out-mate, you just need to make sure that the court issues a habeas for him each time you have a hearing date, unless he is in federal lockup then that becomes a pain you will need to petition the feds for video hearings.
    Answer Applies to: Rhode Island
    Replied: 3/12/2014
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