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I was trying to file for divorce online but my husband is in…

Customer Question
Hello, I was trying...

Hello, I was trying to file for divorce online but my husband is in jail in another state. Are the forms the same or are there specific forms that need to be filled out in this type of situation?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No just filled out the paperwork online. They have an option to send it but it doesn't say anything about incarcerated individuals

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in Texas and he is in Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I just want to make sure I'm sending the paperwork properly

Submitted: 23 days ago.Category: Family Law
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Answered in 4 minutes by:
5/25/2018
Family Lawyer: Nisha Jones,
 replied 23 days ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,031
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 23 days ago

I'm sorry to hear about your situation.

Have you lived in Texas for at least 6 months?

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Customer reply replied 23 days ago
i don't want to switch to live call
Family Lawyer: Nisha Jones,
 replied 23 days ago

Thanks, ***** ***** wanted to make sure that Texas had jurisdiction over your divorce.

You do still need to serve notice to your spouse in jail in Colorado.

Sometimes in cases involving an incarcerated spouse, the family court clerk's office has a process server that can serve notice to the incarcerated spouse, however, since you are in Texas and he is out of state, you will most likely need to hire a private process server to serve him notice.

There are several of these process servers available in Colorado, so you just need to do an online search for a company located in the county where he is being held.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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Family Lawyer: Nisha Jones,
 replied 23 days ago

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I've actually just sent you a written response. I can re-send it to you in case it was not received.

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Family Lawyer: Nisha Jones,
 replied 23 days ago

Thanks, ***** ***** wanted to make sure that Texas had jurisdiction over your divorce.

You do still need to serve notice to your spouse in jail in Colorado.

Sometimes in cases involving an incarcerated spouse, the family court clerk's office has a process server that can serve notice to the incarcerated spouse, however, since you are in Texas and he is out of state, you will most likely need to hire a private process server to serve him notice.

There are several of these process servers available in Colorado, so you just need to do an online search for a company located in the county where he is being held.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

25 May 2018, 12:11 PM

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Customer reply replied 23 days ago
Thank you. I appreciate your help
Family Lawyer: Nisha Jones,
 replied 23 days ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate before leaving, thank you!

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Customer reply replied 23 days ago
Thank you!
Family Lawyer: Nisha Jones,
 replied 23 days ago

No problem, have a good day!

Don't forget to rate before leaving the page so I can be credited for my time and help with your question. Thank you!

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Family Lawyer: Nisha Jones,
 replied 20 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Nisha Jones
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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).

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