Family Law Questions? Ask a Family Lawyer Online.
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.
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!
Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
S. Joy, Legal Expert
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).