How do I get a divorce from my husband who is in prison? 28 Answers as of July 09, 2013

My husband is in prison for murder and will never get out again. I want to get a divorce from him. How would I go about giving a divorce and what would be the cheapest way?

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Reza Athari & Associates, PLLC | Riana Durrett
There are several different ways you can proceed. My office has experience in these matters and provides free consultations.
Answer Applies to: Nevada
Replied: 10/4/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
File & have him served in prison.
Answer Applies to: California
Replied: 6/24/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Since he is in prison, you need to simply file like any other divorce, have him served in prison (that is a little tricky but doable) and then proceed accordingly.
Answer Applies to: Texas
Replied: 9/28/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Well, assuming that you have the time and ability to navigate the court rules, forms, and statutes, then cheapest way to get a divorce is generally to do it yourself. The only unusual fact in your question is the fact that your spouse is in prison, probably for life. That means you are going to have to arrange to have him served with the papers in prison, which can be a little tricky. You may wish to hire someone to help you with that.
Answer Applies to: Washington
Replied: 9/27/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
He can be served with divorce papers while in prison. It does not preclude you from proceeding forward with divorce.
Answer Applies to: Minnesota
Replied: 9/27/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana one may obtain an immediate divorce from a spouse who has been convicted of a felony and sentenced to hard labor. You will need to obtain a certified copy of the minutes showing the conviction and sentence to provide to your attorney. The divorce may be quickly completed in that manner-and quick usually means less costly attorneys' fees.
    Answer Applies to: Louisiana
    Replied: 9/27/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Same as you would otherwise. Hire an attorney or go to the court house and fill out the pro se forms, mail him a copy at the prison and ask for the divorce based on his imprisonment.
    Answer Applies to: New York
    Replied: 9/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    He can be served in prison. There are do-it-yourself divorce kits available from your local court that may be what you need if your case is not complicated.
    Answer Applies to: Connecticut
    Replied: 9/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you consult with a divorce attorney about your rights and options, including the possibility of a simple, uncontested divorce if he will sign all the documents and get them notarized where he is.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    The Merna Law Group, PC
    The Merna Law Group, PC | John G. Merna
    Getting a divorce from an inmate is possible. Doing it cheaply depends on what your ex files with the court. If he makes it an contested case then it could be more expensive than an uncontested case.
    Answer Applies to: Virginia
    Replied: 9/27/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Call one of the local legal aid offices as they may be able to help you. You need to get the petition for divorce done and serve him in prison. After that you have to prepare a Marital Settlement Agreement and/or a Findings of Fact, Conclusion of Law and Judgment of Divorce and get court approval for the Agreement or Judgment.
    Answer Applies to: Wisconsin
    Replied: 9/27/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    If your husband will agree, he can sign a separation agreement which you can present to the court in an "agreed divorce". If not, you will have to file for divorce, serve him in prison, and have a trial before the court so it can determine the issues.
    Answer Applies to: Ohio
    Replied: 9/27/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Same as any other situation. File, serve, proceed.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The cheapest way would be for you to prepare and file your own divorce case, call the prison and ask how service of process can be made at the prison, find a process server who has served at the prison to serve process, and seek assistance from the Court's self-help clinic. The best way would be to retain an experienced Family Law Attorney to represent you, advise you, and handle the case.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You should contact an attorney who can assist you in filing for a divorce and getting him served in prison. You may be able to proceed by a stipulated judgment if your husband will agree to the divorce, otherwise you can proceed by default judgment.
    Answer Applies to: California
    Replied: 9/27/2011
    Brubaker
    Brubaker | Melanie
    You will still need to go through the same process as all other divorces; filing a complaint for divorce and serving your husband at the prison. Perhaps you can visit your husband and talk to him about an uncontested divorce which will still require a complaint for divorce and your husband can acknowledge service through the mail. Best advice I can give you is to meet with a family law attorney in a private and confidential environment and discuss all of your questions regarding your rights in the divorce and the circumstances of your husband incarcerated for life.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The cheapest way is if he will sign. Regardless, an attorney should be able to make the case much simpler for you.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can get a divorce but you will need to have him served in prison. Hire a lawyer to handle the case.
    Answer Applies to: Georgia
    Replied: 6/24/2013
    Law Office of Karen A. Clark, L.L.C.
    Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
    If you would like to dissolve your marriage, you must file a Petition for Dissolution and serve that and a Summons on your husband. The dissolution hearing can be held after 90 days. Your husband's signature and/or presence is not necessary for a divorce to be granted.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You can obtain a divorce while he is incarcerated. I would suggest you hire an attorney it is not a difficult process. He can be served at the facility with the divorce papers.
    Answer Applies to: Massachusetts
    Replied: 9/27/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It Is no different than if he were not in prison, except that it might be a little more difficult for him to participate in the case. That may or may not be a problem depending on what other issues besides simply dissolving the marriage are involved. The cheapest way, obviously, is to try to do everything yourself; but, that requires that you learn a little more about how to do that and you should still consult an attorney for some general information about what you can expect if you do things on your own.
    Answer Applies to: Colorado
    Replied: 9/27/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If you reside in Maricopa County, you can obtain all the forms and instructions from the self-service center at the court's website: www.superiorcourt.maricopa.gov. You will have to have him served with the documents in prison.
    Answer Applies to: Arizona
    Replied: 7/9/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Hire a paralegal to assist you on the paperwork and a process server to properly serve your husband in prison.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The process is essentially the same as if he were not in prison. If you are in my area, please contact me for a free consultation to discuss your options. It should be a fairly straightforward and relatively inexpensive process.
    Answer Applies to: California
    Replied: 9/27/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    File a divorce petition, have your husband served with the divorce papers in jail (which is easy to do), and then proceed by default if he doesn't respond. You can get assistance from your local county court's free legal self-help center.
    Answer Applies to: California
    Replied: 9/27/2011
    Lopez Law Firm
    Lopez Law Firm | Jaime O. Lopez
    It would be like a regular divorce. A petition is filed, he is served, he will have the opportunity to file an answer. If he does nothing, the divorce can be granted. If he files a denial, the Court can conduct a hearing with or without his presence. His presence will depend on the issues contested and the Judge.
    Answer Applies to: Texas
    Replied: 9/27/2011
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