What are the steps if I want to file for divorce and my husband is incarcerated but we have nothing to contest? 14 Answers as of February 20, 2014

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Ronald Main & Associates | Tracian M. Laignel
You will need the documents to file with the court clerk in the county you reside to initiate the divorce proceeding. A copy of the documents filed must be mailed via certified mail to your spouse c/o the warden of the prison your spouse is at currently. Once you receive the "green card" back from the prison, you will need to file that of record to show you obtained "service of process" on your spouse. Since there is no property and I assume no debt and no children, the court may be able to provide you the forms necessary to file the divorce action. Good luck.
Answer Applies to: Oklahoma
Replied: 2/20/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You file and have him served. There are always some minimal assets (e.g. household furnishings) which you must list along with any debts in either of your names incurred during the marriage. If he doesn't respond to the petition, you can get a decree by default.
Answer Applies to: Washington
Replied: 2/13/2014
Torni Gaudenzi Law, PLLC
Torni Gaudenzi Law, PLLC | Tracy Torni Gaudenzi
Same steps as if he were out of jail. You can still get divorced; however, he still needs to be served. Different jails/prisons provide various methods for service. You will need to contact them to find out how to serve him properly.
Answer Applies to: Michigan
Replied: 2/13/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File your complaint, have him served in prison and proceed as you would normally do.
Answer Applies to: Idaho
Replied: 2/13/2014
Peyton and Associates | Barbara Peyton
File your papers and have him served. You can get a divorce. You might need the help of a paralegal.
Answer Applies to: California
Replied: 2/13/2014
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    My first suggestion is that you consult with an Arizona family law attorney to discuss the appropriate steps. That being said, In Arizona the forms and instructions for filing and obtaining a dissolution of marriage are available online.
    Answer Applies to: Arizona
    Replied: 2/13/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    The process would be similar to filing any other divorce. You would file paperwork at court and have the court serve him the paperwork where he is currently incarcerated. The process should flow smoothly from then on out.
    Answer Applies to: Ohio
    Replied: 2/12/2014
    T.D. Stevens & Associates PLLC
    T.D. Stevens & Associates PLLC | TD Stevens
    You need to file for Divorce and have him serve in prison.
    Answer Applies to: Texas
    Replied: 2/12/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Go to your local family law court clerk and get your divorce packet. Determine if they have information clinics that would assist you in filling out the paperwork. Once you file all the documents, you should contact the jail where your husband is incarcerated to determine how they accept service on behalf of your husband. This explanation is the beginning of the divorce process.
    Answer Applies to: California
    Replied: 2/12/2014
    Diane l. Berger | Diane L. Berger
    File for divorce and then prepare the final document, after the appropriate waiting period, and ask him to sign off on them. If he refuses, simply set it for hearing before a judge.
    Answer Applies to: Nebraska
    Replied: 2/12/2014
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    You start the process by filing for divorce and having him served in prison. If you think he will sign a settlement agreement, then draft one and have him sign it in prison.
    Answer Applies to: Georgia
    Replied: 2/12/2014
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