How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JENN Your Own Question

JENN
JENN, Paralegal
Category: Family Law
Satisfied Customers: 184
Experience:  I have a B.A. in Business Management. I spent 6 years as a paralegal.
Type Your Family Law Question Here...
JENN is online now
A new question is answered every 9 seconds

I have been married to a prison inmate for three ...

Resolved Question:

I have been married to a prison inmate for three years, we have not spoken in over a year, and we never were able to be intimate. I live in New Mexico, and he is in prison in Texas. This was one of the biggest mistakes I have ever made. Is it possible for to just get an annulment, if so, how do I do that.
Submitted: 6 years ago.
Category: Family Law
Expert:  JENN replied 6 years ago.

Hello there -

Unfortunately, your situation does not fall into the requirements for an annulment as the statutes of limitations for filing is between the range of 30 days to 1 year, depending on the situation. The common ground for an annulment is fraud; that is, one spouse never disclosed to the other spouse information about such things as a previous marriage, a criminal record, an infectious disease, the inability to have children, or the desire not to have children. In addition, an annulment might be granted because one party is already married, the parties are too closely related (i.e. incest has been committed), or one party is underage, and did not obtain appropriate parental consent.

You will definitely need to file a petition for a divorce in New Mexico (your resident state). If you want to hire a divorce attorney, it may be a good idea. However, if you can't afford to do it - you can file the divorce petition yourself at your local county district clerks/county court. Pay the filing fee and prepare to "serve" your soon to ex-husband with the petition. Since he is in prison, and located in another state, you wil have to do this process a little bit different. If you don't have any children, this process is easier. If you do have children, I would recommend a divorce attorney ASAP.

If the person you are serving is currently incarcerated you must obtain their inmate number. You can obtain this by calling the jail with the inmate's social security number. You will need to have the inmate's number on all necessary documents. You should not serve an inmate by certified mail. The inmate will not be able to sign for the package and the court may find that the service was not valid.

You should serve by a sheriff or private process server. If you do not have the money to pay for this type of service you may want to have someone you know over the age of eighteen serve the papers.

If someone you know is planning on serving the inmate s/he must do the following things:

  • call the prison to find out when visiting hours are
  • go to the prison during visiting hours
  • when the sheriff brings the server to meet with the prisoner the server must slide the papers to the prisoner and inform them that they have been served
  • After the server has served the inmate s/he must complete an Affidavit of Service of Process

You must then file this affidavit with the court that this person served your soon to be ex-husband. There may have to be several attempts to serve your soon to be ex-husband by using different methods. A Writ of Summons (service notification) is only good for 60 days, this means you must have the other party served within those 60 days. You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within 60 days. After he receives, it he will 30 days to reply, contested or uncontested. A hearing date will be scheduled and since he is out state he will have testify via telephone.

If he agrees to the divorce (uncontested), you must then contact the County District Court to request an uncontested hearing be scheduled. If he doesn't answer you will need file a document called the "Order of Default", this advises and request that the Judge assign you a court date

On the day your case is scheduled, make sure you are there early. Often you will need to check in with the court personnel in the courtroom. If you are not there when your case is called, your case could be thrown out or the court could rule in favor of the other side. If you have to miss your court date because of an emergency, contact the court BEFORE you are scheduled to be in court.

You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. That day, have your documents and other evidence with you, have them in order, and have extra copies.

On the day your case is scheduled, make sure you are there early. Often you will need to check in with the court personnel in the courtroom. If you are not there when your case is called, your case could be thrown out or the court could rule in favor of the other side. If you have to miss your court date because of an emergency, contact the court BEFORE you are scheduled to be in court.

You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. That day, have your documents and other evidence with you, have them in order, and have extra copies. Your soon-to-be ex will have a chance to tell his can present the same kinds of evidence. You will have a chance to cross-examine him and/or his witnesses.

This actually starts the process to your divorce. Here's some great places you can find out how to represent yourself (Pro Se):

http://divorcesupport.about.com/od/yourlegalrights/ss/prose_origpet.htm

http://www.divorcelawinfo.com/

http://divorcesupport.about.com/od/yourlegalrights/a/pro_se.htm

http://library.findlaw.com/1999/Nov/1/131043.html

http://www.pro-selaw.org/pro-selaw/index.asp

Thank you! Have a wonderful day!

 

 

 

JENN, Paralegal
Category: Family Law
Satisfied Customers: 184
Experience: I have a B.A. in Business Management. I spent 6 years as a paralegal.
JENN and other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney