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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My husband is in federal prison in another state. He has been

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My husband is in federal prison in another state. He has been there for two months but will be there anywhere between 18 months to 25 years. He hasn't had a hearing. The case he has been involved with has been going on for the past 4 years. I am only a substitute teacher, formally a special education teacher. He wants me to keep the house, pay the bills and wait for him to get out. I have been the head of the house hold for the past 4 years. I want a divorce without a lot of cost and red tape. I am willing to resided here but I do not want to be legally married to him anymore.
Submitted: 4 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 4 years ago.

Welcome! I look forward to sharing general legal info on your issue. I'm very sorry for what you have been through, with your husband.

 

I am an attorney with 17+ years of legal experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and agree to these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.

Customer: replied 4 years ago.
yes I do
Expert:  AlexiaEsq. replied 4 years ago.

Hi again, and thank you.

 

You can divorce your husband in prison. First, you must file divorce papers and have copies sent to your spouse. Click here for the Texas provided guide for pro se divorce.If your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you and/or the court. If your spouse agrees with everything and signs the papers, this is called an "uncontested divorce." Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. This is not likely, since he is in prison.

 

I wish you the best of luck and success in the next part of your life!

 

 

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Customer: replied 4 years ago.
Stephanie Joy:
At the moment he is in prison, he is trying to pursuade me to stay with him. As a result of this, he sends me porno illustrations and letters tellimg me that he loves me, crys and is very upset. I told him that these things do not move me and I am in no condition to feel romantic in any way for him. He has arranged for his family to send me money because we have a son together who is 15 years old now. The only grandson to his side of the family. They have agreed to send me money to take care of living expenses and our son who is in high school. Should this be a part of the conditions in the divorce papers?
Expert:  AlexiaEsq. replied 4 years ago.

Hi again,

 

At the moment he is in prison, he is trying to pursuade me to stay with him. Selfish man, it sounds like. As a result of this, he sends me porno illustrations - how romantic! ugh. and letters tellimg me that he loves me, crys and is very upset. It appears that he wishes you to be imprisoned with him, for his crimes.

 

I told him that these things do not move me and I am in no condition to feel romantic in any way for him. I can totally understand that. He blew it.

 

He has arranged for his family to send me money because we have a son together who is 15 years old now. The only grandson to his side of the family. They have agreed to send me money to take care of living expenses and our son who is in high school. Should this be a part of the conditions in the divorce papers? Since they are not parties to the divorce, this is really up to them. It would likely be impractical for you to have in an agreement: I will only divorce you if you promise your parents will keep paying me...

However, if they care for their grandson and wish to help support him, that is likely between you and them. I would seek child support from him though - if he has assets that can be sold, he may use that to pay the support. It will likely be nominal, since he isn't working, but at least it may be on the books.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11826
Experience: 19+ Years of Legal Practice in Family law matters.
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19+ Years of Legal Practice in Family law matters.