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My daughter is currently incarcerated and her husband

recently filed a divorce and...
My daughter is currently incarcerated and her husband recently filed a divorce and had her served in jail. She is filing an "Answer " to the complaint for divorce... Due to notary restrictions, etc, by the time she receives the document (The Answer) in the mail from the person that prepared it from the outside, has it notarized, it will be a few days past the 30 days that it should have been filed. What could be the repercussions of filing her answer late ?
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Answered in 16 minutes by:
3/16/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,077
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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The court legally can refuse to accept the Answer if it is filed late - but given the extenuating circumstances it would be a pretty heartless thing to do. That being said, the court doesn't KNOW your daughter is incarcerated unless you daughter tells the court that she is incarcerated so it would be important to state that somewhere in her Answer (there's really no good place to do it) OR in a letter prepared separately to the clerk of the court but sent in at the same time as her Answer. It's not ideal of course, but if there's no way to get the filing in on time you at least want the court to be aware of WHY the filing was late. Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

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Customer reply replied 4 months ago
Thank you Olivia. That helps a lot... It is referenced in the divorce documents that the husband filed as well that she is currently incarcerated which I think would also help the court to know her status. You agree ?

Yes, I do agree. This way at least the court is aware from both parties that she is incarcerated and that can lead to delays.

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Customer reply replied 4 months ago
Ok, thank you again !

My pleasure :) If you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you.

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Customer reply replied 4 months ago
Hey Olivia, I will complete the survey... Thank you for your help .

Happy to help :-) If you have any trouble finding it let me know ... it should be a series of stars. 5 stars would be appreciated! :) And please reach out if you need anything in the future!

Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,077
Experience: Partner at Kent Law Group, LLC
Verified
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