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My spouse is incarcerated in Indiana if he contests the no

Customer Question
fault divorce can the divorce...
my spouse is incarcerated in Indiana if he contests the no fault divorce can the divorce be held up because he cannot go to a hearing before a judge
Submitted: 2 years ago.Category: Family Law
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Answered in 4 minutes by:
10/20/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,519
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Yes, the divorce could be "held up", but not for long. That is, either the court will schedule a hearing that he won't be able to attend, and the case will proceed as though there was a post answer default (a "no show") OR the court will allow a telephone hearing where they let him call in. It's not the case that the court will hold off ruling on the matter until he gets out. That's not how it works. Whether or not the judge penalizes him for being in jail (essentially calling him a "no show" when he fails to show up for the hearing) or allowing him to call in is up to the judge. But it's not going to hold up the matter for long. At most it will hold it up for the period of getting a court hearing (as opposed to there being no court hearing).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago

Did you have any other questions before you rate this answer?

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ScottyMacEsq
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Category: Family Law
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