What do you need when your divorce is contested? 15 Answers as of May 18, 2011

Unfortunately, he needs to pursue the Divorce and that's not as simple as he'd like. However, there may be no real basis for her to contest if she's going to be in jail for any real length of time. Check out the Domestic Relations Law, the DRL, and see what the statute requires. Also, it usually requires about the same as an uncontested Divorce, except both parties must be heard by the Court to see if there is a basis for her to keep the marriage together. If he's used the "No Fault" cause of action, she doesn't seem to have a chance to contest it past the filing of an Answer. Good luck.

If contested, the court will schedule hearing dates including a pretrial and trial.

She couldn't prevent the divorce if your friend truly wants it. What is she contesting? Asset distribution? Debts? He needs to make sure he can get to court for his divorce date.

Your friend may need to proceed to trial if they are not coming to agreement. He needs to talk to prison staff to find out how arrangements can be made for him to transported to the trial.

Since he is incarcerated, he should probably consult and retain an experienced Family Law Attorney to represent him, to move the case forward. You didn't indicate what issues are involved in the divorce, if any, other than dissolving the parties' marital status,you didn't indicate in what way(s) his wife is contesting the divorce, and you didn't indicate whether his wife filed a Response in the divorce case. Those are matters that he needs to discuss with his attorney, so that the attorney can determine how to handle the case.

Even though both parties are incarcerated, the same issues need to be dealt with as in any divorce. At the top of the list is normally child custody and child support, but with both incarcerated, I doubt that is an issue. Next there is the division of assets and debts. Even though they are in prison or jail, they still have things to divide, so that needs to be either settled or determined by the court. It is a little harder with both in custody; but the court could still have a hearing on the issues of a divorce either by telephone or by transporting both to the court for a trial. Getting ready for the trial may be a little bit trickier, but possible never the less. Since you filed for him and he doesn't know what to do, he needs to hire a lawyer. Call if you are interested.

In Washington State, it will be handled like any other divorce.

A divorce where the other side files a Response can only end in one of two ways: by settlement agreement or by trial. If your friend is looking for an attorney and is in my area, please have him contact me for a free consultation.