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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31019
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband is in prison and I want a divorce. How does that

Resolved Question:

My husband is in prison and I want a divorce. How does that process work?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

The same process applies whether the person is incarcerated or not. You can file a complaint for divorce and he'll be served with process in jail. Because he can't appear, the court will allow some accommodations for him and allow him to respond in writing or via telephone/video conference.

 

If you get an attorney to assist you, it won't be any problem.

Customer: replied 6 years ago.
I just file regular divorce papers? Is there any specific form I need to file along with it? The county clerk says the papers have to be signed by him in front of a notary public...how do I do that?
Expert:  Roger replied 6 years ago.

You'll send the divorce papers to him with a summons to his jail. The officers will get the documents to him and have him sign in the presence of a notary. There should be more than one notary at the facility.

Customer: replied 6 years ago.
So do I file the divorce papers, and then the clerks get the summons to his jail, or do I have to get his signature on the papers before I can file at the clerks?
Expert:  Roger replied 6 years ago.
You can file without him.
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