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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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I am in a process of divorce, but my husband have been ...

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I am in a process of divorce, but my husband have been sentenced to prison for something he did (workrelated). We have a child and we are left with nothing. I am a medical student, I have no job. How hard it would be for me to divorce him a leave the state to where my family is?
Submitted: 8 years ago.
Category: Legal
Expert:  legaleagle replied 8 years ago.
Since he is in prison, unless you get his signature on an uncontested divorce petition that you can file with the court, you will have to wait until he is released to file for divorce so there can be a hearing. But while he is in prison, you can move as long as you write him and give him notice of where the child will be so that he can not claim you tried to kidnap the child. Florida does not have a provision to divorce based on the person being in prison, but other states, like Tx do, so if you move and you are a resident for 6 months and that state has a law that allows you to divorce just because he is in prison and he still is, then you can file for divorce in that state.
Customer: replied 8 years ago.
Reply to Shelley's Post: The proccess of divorce started before he got cought for what he was doing. I have an injuction against him. He is not in prison yet, but I am sure that by september he will. You are telling me that I am going to stay married to this person for another 25 years?
Expert:  legaleagle replied 8 years ago.
No, sorry I misread your question and it does say you are already in the process and I was assuming you had not filed anything yet. So sorry. Since the process has already started you should amend your petition to ask the court to grant you sole custody and put in the order that you may leave the state and live anywhere you wish with the child since the husband will be incarcerated. He will have to file to have that changed if and when he is released and can pay you for all the child support he missed while in jail. You could also ask that the court grant you temporary orders now that allow you to move out of state during the pendancy of the divorce since you have no means to provide for yourself without the child support or spousal support from your husband.
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