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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11778
Experience:  JD, MBA
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I have filed for divorce from my spouse who is currently incarcerated.

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I have filed for divorce from my spouse who is currently incarcerated. He is fighting it and filing all these diff kinds of motions,requesting me to prove income,list assets, which there are none. He is in prison for mortgage fraud and left me and my children broke and basically on the street and 3 million dollars in debt. He knows we don't have anything. I was told that a prisoner has no rights and he cannot contest,is this true, he is basically doing all this to Harass,and make life miserable and not letting me move on
Hello and thank you for allowing me the opportunity to assist you.

Q: I was told that a prisoner has no rights and he cannot contest,is this true,

A: Unfortunately, that is not true. Your husband has a right to contest the divorce. Will he likely win? No, I doubt it. The incarceration would be good evidence that the marriage is irretrievably broken, which is all that's necessary to be granted a divorce. If the motions are just wasting time and for the purpose of harassing, the judge will likely see that and rule against them.

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