What is the quickest way to get a divorce if my husband is locked up in the state of New York? 11 Answers as of March 22, 2013

We have been separated for 8 years and have nothing together but a name. I would love to be granted the right to my maiden name once again and get a divorce as soon as possible.

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Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
File the Petition and Request For Order asking for dissolution and to have your former name restored. Serve him in prison. If he files a response there is a hearing, however he can not do anything to prevent the divorce as California is a no fault divorce state. If he fails to respond, you file a notice of default and the divorce is granted. You can go to the court facilitators office go to the court's website and find instructions on what to file.
Answer Applies to: California
Replied: 3/22/2013
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
You would have to file for divorce and wait the required statutory warting time. Once that is done, you could get divorced and have your maiden name restored.
Answer Applies to: Michigan
Replied: 3/21/2013
Law Office of Angela M. Riccio | Angela M. Riccio
You are able to file and attain a divorce in Illinois presuming you are a resident of Illinois. Service of your husband and the issues the court can rule upon however should be discussed with an experienced family law attorney.
Answer Applies to: Illinois
Replied: 3/21/2013
Carey and Leisure | John Smitten
File your case, get him served, set your hearing - approx 4 months.
Answer Applies to: Florida
Replied: 3/21/2013
Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
It is possible to serve a party with court papers while they are in jail. In fact, since their location is fixed individuals that are not in jail can be much more difficult to serve. The divorce procedure is exactly the same whether your spouse is in jail or not.
Answer Applies to: Maryland
Replied: 3/21/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Draft and file a summons and petition for divorce. (There are printed forms you can use.) Have the papers served on your husband in New York. Try to get him to agree to a final stipulation in which you both just walk away. Even if he won't agree, a Wisconsin court would probably grant a divorce on any fair terms. It's best to find a skilled family lawyer to advise you.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    TTLAW
    TTLAW | Tristan teGroen
    California allows two ways to get a divorce - one is called a summary dissolution (but it requires cooperation) and other way is the standard procedure. My suggestion is to file and get him served - he might default - and this will create an easy end to the case. You will still have to comply with FC 2104 regarding disclosure.
    Answer Applies to: California
    Replied: 3/21/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The quickest way is to get him to agree to all terms, have a lawyer draft the documents and get them signed.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Sue for divorce. The rest is simple.
    Answer Applies to: New York
    Replied: 3/21/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    Hire an attorney & have him served at the prison. A TX attorney will know how to hire a process server and do it the right way. Also, in TX you get a free name change if you do it at the time of the divorce. Good luck!
    Answer Applies to: Texas
    Replied: 3/21/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You file for divorce and serve him with the paperwork. If he doesn't file a response, you can take a default against him.
    Answer Applies to: California
    Replied: 3/21/2013
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