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

I filed for a divorce for a friend of mine. Both he and his wife are incarcerated. Have been for 2 years and she is contesting it. What does he need to do from this point?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Unless you are an attorney, you cannot represent your friend and he either needs to retain an attorney or attempt to get the case scheduled by the judge with permission to hold the hearing by telephone.
Answer Applies to: Colorado
Replied: 5/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
He can still obtain a divorce whether or not she agrees.
Answer Applies to: Connecticut
Replied: 5/18/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
Seek a default judgment if she doesn't respond to the petition within 20 days if served in state or60 if served outside of Washington.
Answer Applies to: Washington
Replied: 5/17/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
He needs to hire a lawyer to make sure you don't get arrested for practicing law without a license which is a crime in Alabama. Stay well.
Answer Applies to: Alabama
Replied: 5/17/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
OK so the wife is contesting the divorce. What does she want? Do they have children? Do they have a house or other property?
Answer Applies to: California
Replied: 5/16/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    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.
    Answer Applies to: New York
    Replied: 5/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If contested, the court will schedule hearing dates including a pretrial and trial.
    Answer Applies to: Minnesota
    Replied: 5/16/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    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.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    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.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    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.
    Answer Applies to: California
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    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.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, it will be handled like any other divorce.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    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.
    Answer Applies to: California
    Replied: 5/16/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney