View Full Version : Divorce in Prison


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Morrigan68
10-19-2005, 08:27 AM
Lately there have been quite a lot of "divorce from prison" questions in this forum. To that end, I am starting this thread and will stick it so there will be one thread dedicated to these questions.

All states have different procedures for filing for a divorce - keep in mind that it's no different whether someone is in prison or not. The best way to get the information you need is for your inmate to contact the clerk's office of the county they are in and request the paperwork and procedures. Some states will allow an inmate to file in forma pauperis (for free) while others do not.

Morrighan

shanesfiancee
10-21-2005, 05:36 AM
I contacted the parish (Louisiana) Clerk of Courts and was informed that they do not have any forms that my guy can fill out to initiate his divorce. He is in a Federal Prison there. He was also married in Louisiana. Should I contact the parish where he is incarcerated? Please help!!!

Morrigan68
10-21-2005, 07:52 AM
How long has he been incarcerated? What parish is he in now, and what parish were they married in?

I've been looking over the Louisiana Rules and have never seen a bigger mess. It would help me nail down some answers for you if I knew what district the divorce should be filed in.

You could also try calling the Louisiana State Bar Association and ask them if there is a standard petition form for divorce. If there isn't, he'll have to do his own. He could go to the prison law library for a sample I believe.

shanesfiancee
10-21-2005, 12:04 PM
He has been incarcerated for 5 years. He was married in Rapides Parish and is incarcerated in Allen Parish. I am at my wit's end trying to get the ball rolling on this. I'll check with the Louisiana State Bar Association and see what I can find out.

Morrigan68
10-22-2005, 08:19 AM
You can also try this website:

http://www.lawhelp.org/LA/index.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/LA/TextOnly/N/ZipCode/%20/LoggedIn/0

He should definitely file in Allen Parish since he will be considered a resident of that parish.

shanesfiancee
10-22-2005, 09:35 AM
I've searched extensively through that particular website with no help whatsoever. Thanks anyway!

shanesfiancee
11-03-2005, 09:19 AM
I spoke with my man regarding him going to the law library to get the forms. He found out that another inmate is hoarding them and wants to be paid before he gives out copies! My man said he's gonna do something about that this morning. On another note, his wife has been avoiding his family members because they are trying to find out her information for him to file the paperwork. Well last night the FEDS went to her apartment and arrested her and her new man on several charges. I feel bad for her kids (none of which are his) but at least she can't run any longer!!! :D

NuBeginning
11-19-2005, 04:20 AM
Here's a link to the California Divorce Instructions I previously posted.

http://www.prisontalk.com/forums/showthread.php?t=94098&highlight=dissolution

shanesfiancee
11-19-2005, 10:50 AM
Do you have any information regarding Louisiana? I was down there last weekend and when I visited the Parish Clerk of Court they acted as if I were speaking to them in another language. I then went to the library to see if I could find some forms but all they had was a copy of the civil code stapled to a larger hardcover book. This is beginning to give me a serious headache.

Here's a link to the California Divorce Instructions I previously posted.

http://www.prisontalk.com/forums/showthread.php?t=94098&highlight=dissolution

izellahbian
11-22-2005, 11:12 AM
I need Kentucky's divorce requirements. I called the county clerk, got transfered to the jail, and then the jailer said to call the circuit clerk, and they told me to call legal aid. *giggle* So all in all I got no where. ha ha!
At this rate I'm going to have to hire a lawyer. *sigh*

sue6811
12-12-2005, 12:56 AM
My ex-husband is in state jail in Dallas, Tx. He and I are getting remarried in 02/07 (what would have been our 15th wedding annniversary). Problem is he's married and needs a divorce. He doesn't get out until 11/06 and Dallas County is not where he got married. How can he get divorced without an attorney?

Rockhound
12-12-2005, 06:46 AM
Is there a wisconsin.gov website that lists inmates divorces? or divorces in general?

bbEgyrl
12-12-2005, 11:50 PM
well when my hubby was getting a divorce i hired the lawyer
this guy was so good and quick
i was very happy

i gave all the info to the lawyer who drew up the paperwork
they sent it to Man and Man signed them and sent them back
lawyers sent her the paperwork and she signed a waiver
then we got a court date, the lawyers office sent the transfer papers to the prison
(he had to be brought over only for one night)
we went to court and it was granted
all this took 1 1/2 months and was $660

QueenOfTheStarz
12-19-2005, 06:21 PM
what is the process for an Inmate to retrieve the proper paper work to file for a Divorce. I know I have heard that it only cost $1 for an inmate to file for the Divorce. My question is do we have to send them the paperwork to fill out then they can file through the prision?

shanesfiancee
12-19-2005, 07:11 PM
I drew up my man's divorce papers and sent them to him to have them signed by a notary public and mailed off by him. I also sent him some papers called informa pauperis affadavit which states that he doesn't have any income to pay for his legal filings. Depending on what state you live in you can find blank forms and just fill in the necessary paperwork. I also have some blank forms I received when I purchased this book entitled "File Your Own Divorce." It was very simple for us because they had no property nor any children and they weren't required to wait the usual 6 months because of the laws in the state of Louisiana. Send me a private message and I may be able to be of further assistance to you.

what is the process for an Inmate to retrieve the proper paper work to file for a Divorce. I know I have heard that it only cost $1 for an inmate to file for the Divorce. My question is do we have to send them the paperwork to fill out then they can file through the prison?

cjs girl
12-22-2005, 09:46 AM
Does any one have info. on how to get a divorce in a NY prison?

kari05
01-03-2006, 02:53 PM
works the same, only difference is he will be served in the prison and all paperwork signed there by him and notorized


Does any one have info. on how to get a divorce in a NY prison?

RonnieB
01-06-2006, 09:49 AM
How do you obtain the forms for the divorce? I'm interested in the states of Mississippi and new York. Anyone have any info on this? I saw a packet at the Staples dept. for forms, are those forms good for every state?
Appreciate the help, thanks!

lostinluv
02-12-2006, 10:43 AM
I am currently helping my man get his in California. His IS contested, she did respond with a different point of view on custody and she's asking for spousal support. (ha, ha) They were only together for about 2 weeks before they seperated 3 years ago! Nubegging has helped me tremendesly getting to this point. I just sent him the paper work to file a "Notice of Motion for Bifurcation" This is only to use if the respondant responds and dissagrees with any of the issues. It basically asks the court to end your marriage but reserve the decision on all other issues such as child custody, child visitation, child support, spousal support and property disputes. The only catch with this is they may schedual a trial to decide if bifurcation is the best way to go! In the paper work I explained that he is incarcerated and unable to attend a hearing and to the request of Order for Bifurcation by mail. I guess we will see what happens. I found a link for instucrions to do this, but at this time there web site is down. I will post the link at a later time.

lostinluv
02-13-2006, 09:27 AM
Instructions For NOTICE OF MOTION FOR BIFURCATION
WHEN TO USE THIS PACKET
Use this packet only if the other party in the case has already “appeared”
in your action by filing documents with the court. You can use this packet
to bifurcate (separate) marital status, while reserving all other issues. This
means that you are asking the court to end your marriage but reserve
decision on all other issues such as child custody, child visitation, child
support, spousal support and property disputes.

This link will direct you to the packet. (I believe that the procedure is similar at the differnt courts)

http://www.courtinfo.ca.gov/programs/equalaccess/documents/SHP-20.pdf

Crone
02-14-2006, 09:40 PM
And here is the web site for NH if you need to appear pro se for your divorce.
http://www.courts.state.nh.us/superior/selfhelp/index.htm

missinguinuc
02-19-2006, 11:34 AM
I was wondering if anyone has any information on how to get a prison divorce in Tennessee.:confused:

Crone
02-19-2006, 11:53 AM
I was wondering if anyone has any information on how to get a prison divorce in Tennessee.:confused:

Try looking here: http://www.tsc.state.tn.us/geninfo/Programs/Parenting/parenting.htm

http://www.state.tn.us/humanserv/is/incomeshares.htm (re child support calculations)

I also went to their site search and searched for "divorce" and came up with this: http://www.tsc.state.tn.us/geninfo/Publications/dtsearch/dtSearch.html

I hope this helps.

Daveswife
02-19-2006, 08:17 PM
If the person incarcerated wants the divorce or is in agreement with it they just need to ask their councelors to get the paper work. It's a lot cheaper for them to do it.

Fantasysterling
03-18-2006, 06:10 PM
MY FIANCE WANTS TO FILE FOR DIVORCE AND WE RESIDE IN NY. I WOULD LIKE TO GET INFORMATIN AS TO HOW HE CAN FILE AND WHERE OR WHO WOULD HE CONTACT HERE IN NEW YORK.

ONCE HE GETS THE INFORMATION AND PAPERWORK HOW MUCH WOULD IT COST HIM AND DO THEY TAKE THE PAYMENT FROM HIM BEING THAT HE'S INCARCERATED.

THANK YOU,
FANTASYSTERLING
:confused:

Mrs. Vins
03-18-2006, 07:50 PM
I have just been through the process of filing for his divorce, it was an uncontested divorce in NY. I did it myself, it took a little while but it can be done and it's not that hard. Here's the link to start with getting the forms and instructions. He applied for a fee waiver and it was granted, they reviewed his last 6 months of inmate account records and decided he "I" could afford $25. It was well worth it, I got the final decree today and we're starting the process to get married ASAP. PM me if you have any specific questions.

http://www.courts.state.ny.us/litigants/divorce/index.shtml

Ronnie'sHoney
03-28-2006, 03:36 PM
Anyone have information on how my man can file for divorce or how I can help him do it? We are in Texas.

Ronnie'sHoney
04-06-2006, 05:08 PM
DOES ANYONE KNOW THIS: My man is filing himeself for divorce in Texas. Does he have to pay child support while in Prison? Does anyone know how to fill out the support order when he has no income and no way to get a job because he's locked up?

lsmith04
04-06-2006, 06:42 PM
can they argue for visiting rights from prison?

Ronnie'sHoney
04-08-2006, 12:24 AM
Does anyone know how long the respondent has to sign the waiver of citation and do they send it back to you or the court? How will we know she signed it or not and what to do if she doesn't?

templeslady
04-08-2006, 01:03 AM
my finnce child suport starts 30 days aftter he gets out his divorce was in tarrent count TEXAS

templeslady
04-08-2006, 01:05 AM
you have 30 days after the file date to get it back into the court clerk best way is to have him sign and send it back to you there is legal aid in tx so call them they have forms and help for you

HardHeadedWoman
04-08-2006, 01:55 AM
yes you can fight for visitation. my loved one is in the process og that fight right now. he did his own paperwork. in california legal documents get processed within 5 days

Rosestorme
04-26-2006, 08:44 AM
Anybody know the laws for a prison inmate to get his divorce in the state of N.C.?

DavesGyrl
04-27-2006, 11:56 AM
What I want to know is, how can I get a divorce from my husband in Michigan? If anyone knows, the information would be greatly appreciated.

Greengirl6773
04-27-2006, 02:40 PM
Call the Clerk of Court or the law library for your district. I was able to do my divorce on my own using forms from our county law library.

Dawn

RachelisJims
04-27-2006, 11:51 PM
Hi all, Jim was married here in Utah, but he is now in Florence Colorado, at the F.C.I. Holding. I'm not sure where to begin to help him get the paper work going. I told him to contact the Chaplin, at the prison, but I'm not sure if there's anything I can send him on my end?? I'm in Utah also. Can anyone help???? Oh they have also one daughter that is Jims and a Son that isn't Jims, plus they have been seperated 9 yrs now..Any help will be greatly appreciated..

chelles35
04-28-2006, 01:10 PM
What I want to know is, how can I get a divorce from my husband in Michigan? If anyone knows, the information would be greatly appreciated.

i divorced mt x while he was locked up in michigan what do you need to know hun? i will try to anwser any questions

saladgirl
05-26-2006, 11:25 AM
Does anyone out there have info on how to file for divorce in Ohio.. My BF is in prision can he do it for free... Please help.. The sooner we can be married...

psnvyd
06-04-2006, 12:36 AM
my man is locked up upstate new york and he filed 4 an uncontested divorce she was served by certified mail she signed the little green card stating she received the papers and the card got mailed back 2 him with her signiture now the court in dutchess county,new york said that we have 2 wait exactly 40 days 2 see if she signs the papers and sends them back or doesnt bother at all my question is if she doesnt sign them or even if she does and sens them back how long should it take from the 40 days 4 the judge 2 grant the divorce and do u think that the case looks in his favor? because she doesnt care about him she never did she only used him 2 make someone else jealous i know this girl personally and they have no kids in common matter of fact she had a kid from some 1 else while she was still married 2 my man but he put 4 a divorce on the grounds of abandonment cuz adultry would take a longer time 2 go through is that true it will go faster with the whole abandonment issue?also when the divorce is granted what do he need 2 do 2 get his last name back from her because i do not want her keeping her married name??? help please

eirn1017
06-06-2006, 02:36 PM
my man is in an alabama correctional facilitie and he wants to get a divorce. he has two kids and she wont let them see him. how can we go about get the divorce and is there anything we can do to make her let the kids come?

fire_rain53
06-09-2006, 09:46 AM
A friend of mine that lives in another state has asked me to try to find out some information about completecase.com and if anyone had used this before to get a divorce. She also wants information on how the paperwork would be delivered to him here in Alabama. Can it be sent by registered mail?

If someone has any other on-line site recommendation it would be greatly appreciated.

wantout
06-12-2006, 01:56 PM
Does anyone know about divorce in prison if I live in MO and he is in a facility in IL??? Please help

boots75252
07-04-2006, 10:38 AM
Hi All,

I just found out that my husband is still married to his second wife. Does anyone know a good inexpensive attorney or that can point me in the right direction to get an innulment.

BABYGIRL93005
07-17-2006, 01:25 PM
does anyone know anything about okla divorces,my husband said he was going to file for it but dont know if he was s eroious,how can i find this out before the papers

lotus8159
08-01-2006, 05:27 PM
My friend is trying to get a divorce. He was married by proxy in Texas.
The person who he married is hiding from him because she gets money from the VA as he is a diabled veteran. He has no address for her and the money is direct deposit to her bank. He hired a lawyer and the lawyer acts like there is nothing he can do without an address. I have heard you can get a divorce even if the other party can not be located. The agreement was that she would send him a small portion of his VA benefits and she could keep the rest. She sent nothing and the last communication was " I will ride this horse until it breaks a leg ". Now he is trying to settle with the VA for a large amount of money and if he doesn't get a divorce quick she will get most of it. Any advise for him out there?

HoldingHimClose
08-11-2006, 02:31 PM
Does the inmate need to file for divorce in the state where he's incarcerated, or the state of his legal residence?

JIMMYSWIFE
08-11-2006, 02:36 PM
In the state of Ky the inmate has to file in the state they were married. As as far as VA benefits in Ky they are suspend while the person is locked up. Hopefully this inmate will not have to repay those benefits that his better or worse half which ever it may be is collecting. Contact the Prison Warden or chaplin to find out the rules for the divorce process for that state.

HoldingHimClose
08-11-2006, 03:22 PM
Thanks Jimmyswife! I'll have him look into it with the warden/ chaplin.

aminea06
08-14-2006, 08:58 PM
has any one tryed going to libary get the law book " divorce" and follow the proceder, there. My new husband that is incarated wrote up my divorce to my now ex-husband . I had to go to the court house vital record pay a fee , ( fee's may very from state to state ) then being incarated you might have to get aletter head from the prison that tthe inmate is in and the work from there. Second my husband that is incarated said that the inmate can apply for a divorce in there . So if ya'll are in agreement with this then talk and i pray for the best.

Prettyeyes70
08-15-2006, 09:18 PM
Does anyone know How Ohio works??? Can I get the papers fromthe clerk of courts and send him and go that route for him to get a divorce????

ANYONE PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

gnna
08-17-2006, 02:11 AM
My Husband Is In Jail On His Way To Prison. Both Of Us Is Ready To Get A Divorce And Move On With Our Life. I Am A Single Mother And My Husband And I Don't Have Any Kids Or Property Together. I Live On A Fix Income And I Just Don't Have The Money To Dish Out For Legal Aide. He Says The Jail He Is At Don't Supply The Forms For The Divorce, But If I Could Purchase The Forms And Send Them To Him He Would Sign Them. I Live In The State Of Florida. Do Anyone Know A Web Site I Can Visit Where I Can Get Free Divorce Forms For Inmates. Please I Am Desparate!

RachelisJims
09-27-2006, 10:51 PM
Jim was transferred to Leavenworth Kansas, he's at the Fed Prison Camp. I'm still waiting for something to happen, but I don't know how much longer I will wait. I love him dearly, but I don't like him being tied to another woman either. I fill stuck cause I don't want to be with anyone one else either. All I can say is he better do something quick I'm not getting any younger here. These dang men anyways, and what they do to our hearts, souls and minds....

MrzKasper#1
11-30-2006, 12:39 PM
Hello All,
I have a friend in a California prison that is begging me to get divorce papers for him so he could divorce his wife. Does anyone know where i could attain these forms?

BABYGIRL93005
12-21-2006, 11:39 AM
Ok My Question Is. I Heard If The Inmate Files For It,it Cost $2.00.my Husband Told Me,it Was 150.00.but He Dont Want It Either.so Could U Tell Me Plz.hes In Oklahoma.not A Federal Prison.john Lilley Corr Center In Boley,ok Thank U So Much

Patrickj
12-21-2006, 12:17 PM
Ok My Question Is. I Heard If The Inmate Files For It,it Cost $2.00.my Husband Told Me,it Was 150.00.but He Dont Want It Either.so Could U Tell Me Plz.hes In Oklahoma.not A Federal Prison.john Lilley Corr Center In Boley,ok Thank U So Much


I am not 100% sure about Olkahoma (will check) most states since the person is incarcerated you file forms waving the filing fee, but all paper work must come from the petitioner who is incacerated. Hence the $2.00 fee.
I can pull information up for you if you would like get a hold of me through PM and let me know waht you have done so far on this issue. Then I will direct you from there.

Patrickj
12-21-2006, 12:19 PM
Hello All,
I have a friend in a California prison that is begging me to get divorce papers for him so he could divorce his wife. Does anyone know where i could attain these forms?

Do you know which prison he is in and if so let me know I will get you or direct you to the forms needed . Contact me through PM . I don't assit in an open fourm

Patrickj
12-21-2006, 12:23 PM
My friend is trying to get a divorce. He was married by proxy in Texas.
The person who he married is hiding from him because she gets money from the VA as he is a diabled veteran. He has no address for her and the money is direct deposit to her bank. He hired a lawyer and the lawyer acts like there is nothing he can do without an address. I have heard you can get a divorce even if the other party can not be located. The agreement was that she would send him a small portion of his VA benefits and she could keep the rest. She sent nothing and the last communication was " I will ride this horse until it breaks a leg ". Now he is trying to settle with the VA for a large amount of money and if he doesn't get a divorce quick she will get most of it. Any advise for him out there?

Contact VA they will cut her check off no problem explain the details VA will take care of finding her or cutting off the check

nuttinbutnice35
12-23-2006, 08:25 PM
my man is in huntsville texas and need some help on how he can obtain a divorce, can anyone help

steveos_woman
12-27-2006, 08:03 PM
Hi my daughters father has asked me to find out how he can file a divorce from his wife i've done every search i can possibly do to try and find information for him. He is in the federal prison in milan michigan if anyone could msg me and tell me how i can obtain this information for him i'd greatly appreciate it. thank you!

Pamela

pat1005
12-28-2006, 02:25 PM
can you tell me where to get the paper work for an inmate filing in a texas state jail pleeeeaassssssse.

jamie alvarado
01-05-2007, 06:19 PM
does anyone have any information on the divorce for an inmate in california can anyone help me

BABYGIRL93005
02-20-2007, 04:53 PM
what about oklahoma?where do u start to get a div

mellorican
02-23-2007, 08:07 AM
Hi I'm new to pto :). My boyfriend is filing for divorce from his wife. They have children together. He hasn't seen or talk to her since hes been locked -up and he doesn't know of her whereabouts . He is worried about his kids who he hasnt seen in over 4yrs.She refuses to sign the divorce papers or bring the kids to see him and was suppose to show up in family court but was a no show. What can he do at this point? He wants the divorce and wants to see his kids ..what can he do?

Patrickj
02-23-2007, 10:40 AM
what about oklahoma?where do u start to get a div


Start at the county courts web site under family law. If not try a google search also on divorce law for Oklahoma. If you would like assistances get a hold of me through PM
This also goes for anyone else who has a divorce question I can direct you to most forms and rules of court that pertains to divorce in your state.

lauraglidden
02-26-2007, 12:15 PM
I need to know how to help my BF get a divorce from prison. He is in Georgia. does anyone have ne clue?

HelpingEli
02-28-2007, 01:46 PM
I have a friend who was married in NV and currently in prison in KY. He would like to divorce his wife, but she says she will refuse to sign anything. Can she really stop the divorce? Someone posted that he needs to file in NV if he is incarsarated in KY, is that true? Here's a possible glitch.. he has lost his citizenship status due to NV law and will be deported when he gets out. He has to go to Mexico, even though he doesn't speak any spanish. He was raised in the states since he was very little. Being that he is not a US citizen, will that cause any problems? Can inmates file for divorce at no charge? No children or property are involved.

Any advise/help is appreciated. Thank you

sweetazalea
03-04-2007, 07:15 PM
I need help, my fience wants a divorce, he's not sure he's even married, cause the wife was already married when whe married him. She will not answer any phone calls, we have no idea where she is, her parents told me, she didn't know they were married. They will not give any infomation such as her ware abouts. My fience said she told him she had it anulled. But, what can we believe. They were married in Mississippi. He is incarcerated in Mississippi. Any suggestions?

AnitaFoxx
03-04-2007, 08:42 PM
No such law as anullment in Miss. unless you can prove you consumate the marriage.

AnitaFoxx
03-04-2007, 08:44 PM
All you got do is swear to an affividit that you haven't seen the person in seven yrs and don't know there whereabouts. Easy any attorney knows that.

California Sunshine
03-04-2007, 08:51 PM
does anyone have any information on the divorce for an inmate in california can anyone help me

http://www.courtinfo.ca.gov/selfhelp/family/divorce/

This link has info and the forms that you can fill out,print and send to the inmate to sign

sweetazalea
03-04-2007, 09:02 PM
thank you

nonosrequired
03-20-2007, 02:10 AM
Morrighan,
Please help! I just got registered tonight and have never used this before, however, I have lots of questions and don't know if I should have done it this way or not. But, if you can help me out I sure would appreciate it. My friend is trying to get a divorce while he is in BOP. He lives in North Carolina, Halifax CO., however he is in custody in Petersburg,VA. Where would he file? He has been in the VA facility since Oct. 06. If you can offer any help I would appreciate it. He has been in custody for 15 months. Thanks!!

sprinkles
04-04-2007, 02:16 PM
I have a friend who is currently incarcerated for the time being. He is a very good friend who has married the worse wife in the world. As, she had him locked up. She is out there cheating on him. I told him about PrisonTalk and he wanted me to post this .... He wants a divorce before getting outta jail? Is it possible?.?

Jillian
04-04-2007, 02:32 PM
Yes it is possible for him to file for divorce while he is in prison .. what state is he in?

Patrickj
04-06-2007, 10:35 AM
Divorce is not a problem while incarcarated. If you would give a little more information on your friends location (state, county) I could probably guide you to most of the information that he would need . You need not post his information her in an open fourm. You cn get a hold of me through PM.

pandora34
04-07-2007, 10:26 PM
does anyone know how to get a divorce in georgia .
my boyfriend is trying to file for a divorce so we can get married but we can't find out anything and i don't have the money for a lawyer.
can anyone help me. he is in a correctional facility right now .

freeTraviscgray
04-11-2007, 11:20 AM
I hope this gets looked at amongst the other hundreds of threads, but I wanted to know if anyone can provide me with information on how my friend can get a divorce in Michigan even though he is at Beckley in West Virginia. I have not had any luck on initiating this process and i don't want to get in over my head in financial debt for something that can be done at minimal cost. Please can anyone help?

Jadis
04-13-2007, 01:05 PM
My cousin is in a CA prison. His wife just informed him that she wants a divorce and wants to sell their house and move out of state. They currently own a house is San Diego and it has appreciated significantly. She currently has a Durable Power of Attorney, but I'm advising my cousin to get it revoked. How can my cousin make sure that he gets his fair share of the equity? Also, would it be cheaper if my cousin filed for the divorce and signed a fee waiver? Lastly, if he filed for divorce, could he somehow get the court involved to oversee the real estate distribution of funds?

sokiegirl
04-13-2007, 01:17 PM
I'm also selling my house in California. Since he is being sentenced to prison he will not be able to stop me, benefit from anything we owned together or have any say so about what I make off the closing. My lawyer tells me they have no rights in prison...just telling what I have learned thru my ordeal. sokie

dansmom24
04-15-2007, 01:38 PM
Hi
my son is in prison in belmont and he just got served with divorce papers.We dont know what to do.He has a son and doesnt want to lose him. can any one help us.
dansmom24

Patrickj
04-15-2007, 02:12 PM
Hi
my son is in prison in belmont and he just got served with divorce papers.We dont know what to do.He has a son and doesnt want to lose him. can any one help us.
dansmom24


Here is a link to Ohio's on line documents click section XXXl and read the section on divorce. At the present time this is the only help I can provide. Due to the fact I am swamp with divorce requests for over 10 states right now. If I get a minute I will try and get you more information Here is the link http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC (http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC) Start at chapter 3105 a nd start eading I will try and give you a little more direction in a bit

Patrickj
04-17-2007, 10:27 AM
Hi
my son is in prison in belmont and he just got served with divorce papers.We dont know what to do.He has a son and doesnt want to lose him. can any one help us.
dansmom24


Dansmaom24:

If you would send me the county in which your sone resides in. I think I can get you more information to assit you, I have time now A few of the other that wanted divorce information didn't follow through with any other information. (nothing new )let me know through PM alright.

Patrickj
04-22-2007, 09:47 PM
Hi
my son is in prison in belmont and he just got served with divorce papers.We dont know what to do.He has a son and doesnt want to lose him. can any one help us.
dansmom24

I found you someomre information I will PM it to you so you can look at it .

SnakeCharmer
04-23-2007, 04:38 PM
Yes i was just wondering if anyone knew, how a inmate could go about getting a divorce ( at no cost) and where he woudl have to get the paper work? he and his wife have been seperated for a long time but she has yet to give him a divorce, so he wanted to try and do it.
He is a friend of a friend, but i thought i'd atleast try to help him out some. he is in Alabama Donaldson ( west jefferson) prison.
thanks for any help

Patrickj
04-23-2007, 05:51 PM
Yes i was just wondering if anyone knew, how a inmate could go about getting a divorce ( at no cost) and where he woudl have to get the paper work? he and his wife have been seperated for a long time but she has yet to give him a divorce, so he wanted to try and do it.
He is a friend of a friend, but i thought i'd atleast try to help him out some. he is in Alabama Donaldson ( west jefferson) prison.
thanks for any help


Here is start for you here are the law about Marital and Domestic Realationship at this link click Title 30 then read chapter 2 http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm (http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm)
Let me look at a few other thigs I will see if I can find forms and instructions for you. I will PM you with any further info.

SnakeCharmer
04-23-2007, 09:40 PM
Here is start for you here are the law about Marital and Domestic Realationship at this link click Title 30 then read chapter 2 http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm (http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm)
Let me look at a few other thigs I will see if I can find forms and instructions for you. I will PM you with any further info.
Thank you very much!! i'll check into this in the morning!

lisaacc1
05-03-2007, 10:42 AM
I herd you can get a divorce in prison that only cost a dollar if anyone know any info on this please get back to me my email is email removed per pto policy .. I would greatly apreciate it :eek:

folara1
05-03-2007, 11:01 AM
I have heard that as well.................

Frankie68
05-03-2007, 11:17 AM
Well if its anything like NY an inmate can file under "poor Person" and I really don't think theres a fee or its very minimal :) My man just filed.

Jillian
05-03-2007, 02:11 PM
Welcome PTO i moved your thread to the Prison lega help forum where you will get the answer you need

Patrickj
05-03-2007, 05:11 PM
I herd you can get a divorce in prison that only cost a dollar if anyone know any info on this please get back to me my email is email removed per pto policy .. I would greatly apreciate it :eek:


If the person files for fee waiver due to their indgent status it will cost them nothing. This status will be verifyed trough the prison (if he has big money on his books he may not be granted this status) Most inmates are considerated indgent .

plainviewgirl
05-12-2007, 03:52 PM
My friend is in Plainview prison here in Texas. His wife has been MIA since he got there, in December. Can anyone tell me what paperwork I need to send him so that he may file for divorce? Thanx!

TN-Family-28
05-25-2007, 12:27 AM
Plainviewgirl... The Internet Legal Resource Guide has some sample divorce forms that you may be able to use. Your best bet would be to go to the Clerk of Court in the county where the divorce would be filed and see if they have a forms packet. Often times the local clerk will have a packet that you can make copie of and then just fill in the forms. I am not sure what Texas law is, but here in Tennessee, if one spouse's whereabouts are unknown, the spouse filing for the divorce just has to run an ad in the newspaper notifying that they want a divorce and if nobody responds to it, then the divorce goes through, generally in favor of the person filing and it is over with. The Clerk of the local court is your best source for information, though.

plainviewgirl
05-26-2007, 05:33 PM
Plainviewgirl... The Internet Legal Resource Guide has some sample divorce forms that you may be able to use. Your best bet would be to go to the Clerk of Court in the county where the divorce would be filed and see if they have a forms packet. Often times the local clerk will have a packet that you can make copie of and then just fill in the forms. I am not sure what Texas law is, but here in Tennessee, if one spouse's whereabouts are unknown, the spouse filing for the divorce just has to run an ad in the newspaper notifying that they want a divorce and if nobody responds to it, then the divorce goes through, generally in favor of the person filing and it is over with. The Clerk of the local court is your best source for information, though.

:thumbsup: Thanks a bunch, I will look into the clerks office♥

Cairee31
05-28-2007, 08:06 PM
Hi,
My name is Carrie and my husband is in jail for a sexual offence in Louisiana. I want a divorce and live in Florida. He said he thought it would be easier for him to file since he is in there. I thought due to the nature of his crime that might also make it easier. Any info would help.

Thanks

Patrickj
05-28-2007, 10:04 PM
Hi,
My name is Carrie and my husband is in jail for a sexual offence in Louisiana. I want a divorce and live in Florida. He said he thought it would be easier for him to file since he is in there. I thought due to the nature of his crime that might also make it easier. Any info would help.

Thanks

Cariree:

It might be eaiser for you to file in Florida , because you could get a default of judgement much eaiser. Do you and you husband have children between you. If you would rather discuss this manner in private PM (private message) me and I will show how this would work in FLorida for you.

metro3480
06-07-2007, 03:20 PM
My friend is in Plainview prison here in Texas. His wife has been MIA since he got there, in December. Can anyone tell me what paperwork I need to send him so that he may file for divorce? Thanx!

My wife is Hobby and one of her friends in there has been trying to get a divorce for quite sometime now. Falls County, where Hobby is located, has decided that all of the inmates in there are "involuntary residents" of the county unless they were a legal resident of that county at the time of their arrest and incarceration. She lived in Travis County at the time and Travis is claiming that she is not a resident of their county and they do not have jurisdiction either. She finally just gave up and decided to wait until she gets out of prison to file for her divorce. It just depends on what county your friend is incarcerated in. For the most part they can file for their divorce themselves and it goes very simply. Other counties refuse to do it. You can get the paperwork online that he need from many different sources. He might have to have a proxy attend the court hearing for him, but is not a big deal.

lucky1960
06-14-2007, 11:29 AM
Lately there have been quite a lot of "divorce from prison" questions in this forum. To that end, I am starting this thread and will stick it so there will be one thread dedicated to these questions.

All states have different procedures for filing for a divorce - keep in mind that it's no different whether someone is in prison or not. The best way to get the information you need is for your inmate to contact the clerk's office of the county they are in and request the paperwork and procedures. Some states will allow an inmate to file in forma pauperis (for free) while others do not.

MorrighanDoes anyone know how much it costs for someone to file for divorce while they are in prison. is it cheaper for them to file other than us.

Patrickj
06-14-2007, 05:30 PM
Does anyone know how much it costs for someone to file for divorce while they are in prison. is it cheaper for them to file other than us.


Most states a inmate can waive the fees if he doesn't have the funds on his books. Like I said most not all
Same thing applies to anyone if they don't have he funds to pay the file fees For people on the outside they can contact legal aid for free assistance on file for a divorce There are plenty of avenues to get a divorce especally uncontested divorce

granny2
06-14-2007, 05:58 PM
Does anyone know how to get Divorce in Mississippi man in pen want divorce. Hasnt seen or heard from wife they have 2 children not in their care.

stillloving
06-14-2007, 08:34 PM
Any one having trouble getting the divorce papers served in jail? I signed mine on 5/23 and he still hasn't been served. He is in the county jail where I filed for the divorce and we are both considered residents of Sumter county.
I don't understand why it is taking so long to serve him? He has had 2 court apperances since the 23rd. One girl I met at work said it took over a year for Sumter county to serve her husband his divorce papers in the SCDC.
Another question is that the court has to appoint him a guardian ad litem to represent him in the divorce, because he is in jail and cannot go out and get his own lawyer. I have to pay for that if I want a divorce??? It could be up to $500.
I keep hearing that some women give up trying because divorcing a man in prison is so complicated.
Anyone who has any experience with this, please reply.

Patrickj
06-15-2007, 09:47 AM
Does anyone know how to get Divorce in Mississippi man in pen want divorce. Hasnt seen or heard from wife they have 2 children not in their care.


Go to this link http://michie.lexisnexis.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp (http://michie.lexisnexis.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp)= Then click the file that says Mississippi Code 1972 after this opens click Title 93 then click Chapter 5 This should give you most of the information that you need

mrspfunk
06-16-2007, 04:49 PM
:rolleyes: i was reading all of the other comments and questions that where posted but i needed to know what do i do form here ? My man and his current wife both live in Califronia but they got married in Las Vegas. I am wondering do i just print him out the paper work form Neveda and send it to him or do i get it form California being that they both live here. Please help so i can get this done with because it is driving me crazy

Patrickj
06-18-2007, 10:44 AM
:rolleyes: i was reading all of the other comments and questions that where posted but i needed to know what do i do form here ? My man and his current wife both live in Califronia but they got married in Las Vegas. I am wondering do i just print him out the paper work form Neveda and send it to him or do i get it form California being that they both live here. Please help so i can get this done with because it is driving me crazy

You would use Califonia divoce form and file the papers in the county of their residency. Have they been residents of California for 6 months or more? then you would file in California. There are a few self help sites to guide you through the process. As long as it is a uncontested divorce it won't be that hard . If they have children involved they will have to work out custody matters and child support issues also

Patrickj
06-18-2007, 10:47 AM
http://www.courtinfo.ca.gov/selfhelp/family/overview/

Above is a good link for information about divorce in California. There are plenty of other links inside this link

muffinandjezebe
06-18-2007, 11:06 AM
I contacted the clerks office for the location he's at and they don't have forms and say that the judge there makes the inmate pay for it and it's 95.00. where does he get the forms? can i get them and fill them out and mail them to him? Thanks.

outtime
06-19-2007, 08:25 PM
what is the next plain, after the inmtes spouse will not sign.

Patrickj
06-20-2007, 01:02 PM
what is the next plain, after the inmtes spouse will not sign.

If the spouse didn't contest the divorce. You can get a default of judgement. Look in to the Divorce laws of your state here is a starting point
http://www.state.in.us/legislative/ic/code/title31/ar15/ (http://www.state.in.us/legislative/ic/code/title31/ar15/)

BigDaddy72
06-25-2007, 08:55 PM
My fiancee has been in prison for 8 yrs, her ex went to Mexico two years previous to her incarceration and remarried down there and started a new family without ever getting a divorce here.

We got her divorce paper work back from the court in March that she filed after we got engaged in February. I have the papers to serve him with, but he only comes to California once in a blue moon, and it's going to be next to impossible to catch him to serve him. Do we have any recourse since we can't find him? We are anxious to turn in our paper work to the prison so we can get married and that takes time too.

There is nothing to contest at all, he has thier two children, which she is not contesting, there is no property to divide. All there is to do is end the marriage, and he's not going to object to this, we just can't find him.

How do we finalize without him being served?

thank you so much for any help

Patrickj
06-25-2007, 10:43 PM
My fiancee has been in prison for 8 yrs, her ex went to Mexico two years previous to her incarceration and remarried down there and started a new family without ever getting a divorce here.

We got her divorce paper work back from the court in March that she filed after we got engaged in February. I have the papers to serve him with, but he only comes to California once in a blue moon, and it's going to be next to impossible to catch him to serve him. Do we have any recourse since we can't find him? We are anxious to turn in our paper work to the prison so we can get married and that takes time too.

There is nothing to contest at all, he has thier two children, which she is not contesting, there is no property to divide. All there is to do is end the marriage, and he's not going to object to this, we just can't find him.

How do we finalize without him being served?

thank you so much for any help


Contact the Family Law Facilitator in the county that you filed in and see if they can assit you. Here is a link that maybe helpful finding the FLF.
http://www.courtinfo.ca.gov/selfhelp/lowcost/flf.htm (http://www.courtinfo.ca.gov/selfhelp/lowcost/flf.htm)
Here is a link that tells you wht the FLF does http://www.courtinfo.ca.gov/selfhelp/lowcost/documents/flfquickref.pdf (http://www.courtinfo.ca.gov/selfhelp/lowcost/documents/flfquickref.pdf)

Hope it helps some

BigDaddy72
06-25-2007, 11:06 PM
Thank you Patrick, it's much appreciated, I hope they can help!

blondebabe
06-28-2007, 11:44 AM
My man got married whilst incarcerated in ca,he's not seen his wife for 6 years.He wants to file for divorce but doesn't know where she lives.What can we do ?thanks

lostangel143
07-04-2007, 11:35 AM
Can you file for divorce in Oregon, while in jail/prison if you don´t know that where abouts of your husband?? nothing to devide or no children?

Patrickj
07-05-2007, 10:18 AM
Can you file for divorce in Oregon, while in jail/prison if you don´t know that where abouts of your husband?? nothing to devide or no children?


Here is a link to Oregons Revised Statues Chapter 106 - 110 Deal with domestic issues. http://www.leg.state.or.us/ors/vol3.html (http://www.leg.state.or.us/ors/vol3.html) THis should get you started I am sure that since you can't find the husband for this matter that there still is a where to get a divorce. I just haven't read all of these statues or Oregons rules of Civil Procedure to locate the other ways of service.

Patrickj
07-05-2007, 10:24 AM
My man got married whilst incarcerated in ca,he's not seen his wife for 6 years.He wants to file for divorce but doesn't know where she lives.What can we do ?thanks


In the county in which he files his divorce he will need to contact The Court Facilator in that county to help him with this matter. The judge will have to issue a special order greanting alternative service. After the issuance of alternative service you may be able to use public notice as a way of service.Public notice of service is defined in two differen sections
One is in the Civil Code of Procedure, The other is in Government Code section. I have these section listed some where in my files I can look them up if and whgen you need them

lostangel143
07-05-2007, 06:23 PM
Thank you so much Patrickj I will start reasearhing now!!

Patrickj
07-05-2007, 11:06 PM
Thank you so much Patrickj I will start reasearhing now!!


This site may help you also http://www.ojd.state.or.us/selfhelp/index.htm (http://www.ojd.state.or.us/selfhelp/index.htm)
I have this stuff on to many different disk Sorry I didn't group this together in one post

lostangel143
07-06-2007, 03:24 PM
thanks for the PM! this is a great site for Oregon issues, it has alot of info also on other issues too, will have to save this link. :)

Punkin30
07-10-2007, 04:08 PM
I was wondering if anyone could give me information.... My fiancee is incarcerated in a Federal Facility in Indiana. He was married in Illinois and his wife lives in Illinois. Can you help me get the paperwork needed for him to file. Also, would he file in Indiana or Illinois?

Thanks

Patrickj
07-11-2007, 05:12 PM
I was wondering if anyone could give me information.... My fiancee is incarcerated in a Federal Facility in Indiana. He was married in Illinois and his wife lives in Illinois. Can you help me get the paperwork needed for him to file. Also, would he file in Indiana or Illinois?

Thanks

Are there any children invloved in this marriage? I can get you the forms to file except for Cook County. I will check on the residency requirements for you fiancee. How long has he been in custody in Indiana? I will try and see if you can just file in Illinois since his spouse is still in Illionis. If you don't here from me in a couple of days. Please get a hold of me to remind e what you need. Between my job and assisting here I sometimes get lost in my work

Punkin30
07-12-2007, 10:01 AM
Are there any children invloved in this marriage? I can get you the forms to file except for Cook County. I will check on the residency requirements for you fiancee. How long has he been in custody in Indiana? I will try and see if you can just file in Illinois since his spouse is still in Illionis. If you don't here from me in a couple of days. Please get a hold of me to remind e what you need. Between my job and assisting here I sometimes get lost in my work

Thanks for getting back to me... No, there are no children involved. He has been in custody in Indiana for about 70 days. Prior to that he was in Leavenworth, KS. I really appreciate any help that you can get for us. We are trying to get married and this is something that is preventing this. They have been separated for over 7 years. Thanks again.

Patrickj
07-12-2007, 10:30 AM
Thanks for getting back to me... No, there are no children involved. He has been in custody in Indiana for about 70 days. Prior to that he was in Leavenworth, KS. I really appreciate any help that you can get for us. We are trying to get married and this is something that is preventing this. They have been separated for over 7 years. Thanks again.


I will pull up what I have and PM you with the information for Illinios, then if that's not what you need will pull up Indiana.

help01
07-23-2007, 12:27 PM
I am needing to help a friend in jail to file divorce, I have the do it yourself forms for him and we need to find out how to file the forms correctly and how to motion for informa pauperis to have the court fees waived. please help

Patrickj
07-23-2007, 03:21 PM
I am needing to help a friend in jail to file divorce, I have the do it yourself forms for him and we need to find out how to file the forms correctly and how to motion for informa pauperis to have the court fees waived. please help

Give me a little time and I will get you information of forma pauperis for your state With your forms there shoulod have been some instruction that would assist you with filing infromation. Here is a link that http://www.lrc.state.ky.us/KRS/TITLES.HTM (http://www.lrc.state.ky.us/KRS/TITLES.HTM) Go to Title XXXV- Domestic Realationships This may have some information that you are looking for
(http://www.prisontalk.com/forums/)

lostangel143
07-23-2007, 04:45 PM
is the informa pauperis also valid in Oregon?

Patrickj
07-23-2007, 04:53 PM
is the informa pauperis also valid in Oregon?


Here are a few links for Oregon, if you don't find a answer I will look else where for you some information
http://www.ojd.state.or.us/index.htm (http://www.ojd.state.or.us/index.htm)
http://www.ojd.state.or.us/selfhelp/index.htm (http://www.ojd.state.or.us/selfhelp/index.htm)
Self Help
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/familylawforms.htm (http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/familylawforms.htm)
Family Law

Patrickj
07-24-2007, 10:05 AM
is the informa pauperis also valid in Oregon?


Here is a link for Waiver/Deferral of Fees and/or Costs, for Oregon
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket10.htm (http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket10.htm)
see if this app;ies to your matter

lostangel143
07-24-2007, 10:45 AM
Patrickj, you are wonderful! where do you hide all this info!! Thank you! :)

Musrat
07-27-2007, 01:46 PM
My man has been married since 1994 but seperated from her in 1996, so it's been ummmm about 11 years now. He has been down the past 2 years and I am trying to help him file his divorce so that we can get married. He was married in Arlington, VA and is in VA DOC. If someone would please give me some direction, I would certainly appreciate it. He will be home 3/17/08. Thank you!

4Ever&100Days
07-27-2007, 02:19 PM
My fiancee has been in about 10 years now. His ex divorced him shortly after he went in. How do we find out where she filed in order to get a certified copy of the dissolution? She will not speak with him or anyone related to him. Please help!

Patrickj
07-29-2007, 03:33 PM
My fiancee has been in about 10 years now. His ex divorced him shortly after he went in. How do we find out where she filed in order to get a certified copy of the dissolution? She will not speak with him or anyone related to him. Please help!


Your fiancee has no type of paper work from thi matter? You could check the county of her residency at the tim (if you know it) Let me dig a little for you might find soething state wide for you

Patrickj
07-29-2007, 03:51 PM
My man has been married since 1994 but seperated from her in 1996, so it's been ummmm about 11 years now. He has been down the past 2 years and I am trying to help him file his divorce so that we can get married. He was married in Arlington, VA and is in VA DOC. If someone would please give me some direction, I would certainly appreciate it. He will be home 3/17/08. Thank you!


Here is a link to the Code of VirginaTitle 20 - DOMESTIC RELATIONS,Chapter 6 - Divorce, Affirmation and Annulment This will give you an idea of the laws pertaining to domestic realationships and some of the guidelines for filing for divorce
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC20000000006000000000000 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC20000000006000000000000)

ROSS4LYFE
08-02-2007, 03:31 PM
My boyfriend has been incarcerated since 2005. He and his wife were seperated before he even got locked up. He said that he wants a divorce from her. They have a child together and she has since had two more children which aren't for him. What can he do to start the divorce process and do i need to do anything to help this along? He is at the Hightower Unit in DAyton, TX. His wife resides in a Texas town as well. We have her address but not her apartment number. Please help!! Thanks!!

zedzee
08-04-2007, 10:49 PM
Greetings to all! My brother is incarcerated in a Texas FCI and we are in need advice on getting a divorce while he is incarcerated. From reading other entries on PTO, I see that he may be eligible for a fee waived filing, great! The issue is that there is a minor child involved and we are both concerned about custodial rights. I was told by an attorney some time ago that joint custody could be granted with the father being absent as long as the mother agreed and that someone, like myself or the grandmother would be granted the visitation until the father was released. Any advice, direction, or information would be greatly appreciated, and soon!
:angry:

waitininaz
08-16-2007, 01:26 AM
He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can anyone help?

waitininaz
08-16-2007, 01:27 AM
He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can you help?

Patrickj
08-16-2007, 06:28 PM
He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can you help?

You need to look under the family laws of your state for other was of service. With out and address your paper work will be rejected. As far a public notice I am not sure how it works in AZ. Some state the judge must grant the motion for public notice after all avenues of service have been tryed. Check with some of the legal aid providers in your state also on different ways of service of papers.
Here is a link to the Family Laws of AZ. Start at chapter 3 and read the sections that may apply
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25 (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25)
If you can't find what you are looking for get a hold of me and I will see what I can find for you also check thte county court web sits for local rules about this type of matter

kpisano
08-22-2007, 06:44 PM
Hi there, this is my first post so I hope I'm doing this correctly! My boyfriend is in Gowanda, NY & has been separated from his wife for 10 years. They do have a daughter who is 16 & lives with her. They live in Newburgh, NY. I'm trying to find out how to obtain the correct forms including to apply to have the fees waived. If you can direct me to the right place to start this process I would be grateful. Thanks!

Patrickj
08-23-2007, 03:04 PM
Hi there, this is my first post so I hope I'm doing this correctly! My boyfriend is in Gowanda, NY & has been separated from his wife for 10 years. They do have a daughter who is 16 & lives with her. They live in Newburgh, NY. I'm trying to find out how to obtain the correct forms including to apply to have the fees waived. If you can direct me to the right place to start this process I would be grateful. Thanks!


This link will provide you with the forms you will need
http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml

Here is a links to the laws on domestics for New York I have two links they both are the same but one is eaiser to use (for me)
http://caselaw.lp.findlaw.com/nycodes/c29.html

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
click on the DOM (Domestic Relations )

Any other questions just get a hold of me. Do what I can to assist

TN-Family-28
08-25-2007, 12:55 AM
This information is for waitininaz who doesn't know where the soon-to-be-ex is at:

Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks (1) in a newspaper published in the county where the action is pending, and (2) in a newspaper published in the county of the last known residence of the person to be served if different from the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, to that person at that person's place of residence. Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of the publication and mailing, and the circumstances warranting the utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the party being served is unknown, and for that reason no mailing was made, the affidavit shall so state.

This information is in Rule 4.1 of the Arizona Rules of Civil Procedure (along with all other service requirements). You can find most of this stuff by doing a google search on Arizona Supreme Court and they also have some forms there.

waitininaz
08-29-2007, 12:11 AM
Thanks for the info Patrick...

waitininaz
08-29-2007, 12:15 AM
Thanks, TN - but this still begs the question of how does he publish from prison? Would someone (AKA ME!) have to do it on the outside? Can he send money to a newspaper from inside? I guess he could find these things out from his counselor...?? He just has had a hard time getting appointments - quite the bureaucracy where he's at!!

Patrickj
08-29-2007, 08:24 PM
Thanks, TN - but this still begs the question of how does he publish from prison? Would someone (AKA ME!) have to do it on the outside? Can he send money to a newspaper from inside? I guess he could find these things out from his counselor...?? He just has had a hard time getting appointments - quite the bureaucracy where he's at!!



Not 100% sure but I believe you could pay for the legal posting in the newspaper. Check your state laws about how many times this posting must appear in the newspaper. Ther may be other ways of public posting also. Some states allow public posting at the courthouse. Chaeck all avenues and legal ways of posting.

Patrickj
08-29-2007, 10:03 PM
Thanks for the info Patrick...

I did a little more hunting. If you know what county your son needs to file in he can get all the forms and filing informatiom from that county.
Here is some inforemaiom about different types of service and the forms required. This is for Pima County , but at least you will know what need to be done and what type of forms must be file
ARIZONA SUPERIOR COURT, PIMA COUNTY SELF-SERVICE PACKET INSTRUCTIONS ON SERVICE OF PETITION -- BY PUBLICATION
http://www.sc.co.pima.az.us/Domestic/Forms/packets/Dissolution_Service_(PimaSC10).pdf

Patrickj
08-29-2007, 10:34 PM
Thanks for the info Patrick...

I found a couple of rules in the Arizona Rules of Civil Procedure that apply to Service by Publication the first rule is 4.1(n) The other rule is 4.2(f)

AZ ST RCP Rule 4.1 (n) Service by Publication; Return. Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks (1) in a newspaper published in the county where the action is pending, and (2) in a newspaper published in the <A name=SDU_10>county of the last known residence of the person to be served if different from the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, to that person at that person's place of residence. Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of the publication and mailing, and the circumstances warranting the utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the party being served is unknown, and for that reason no mailing was made, the affidavit shall so state.

AZ ST RCP Rule 4.2(f) Service by Publication; Return
Where the person to be served is one whose present residence is unknown but whose last known residence was outside the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of institution of the action, then service <A name=SDU_2>may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks in a newspaper published in the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, directed to that person at that person's place of residence.

Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of publication and mailing, and the circumstances warranting utilization of the procedure authorized by this subpart which shall be prima facie evidence of compliance herewith. A printed copy of the <A name=SDU_3>publication shall accompany the affidavit. If the residence of the person to be served is unknown, and for that reason no mailing was made, the affidavit shall so state.

granny2
08-30-2007, 10:31 AM
In mIssissippi what do you have to do. I am a mother wishing to help my son while hes doing time.

Patrickj
08-30-2007, 11:27 AM
In mIssissippi what do you have to do. I am a mother wishing to help my son while hes doing time.

I will look for some general information for you. Give you a few links if I find them

waitininaz
09-04-2007, 09:05 PM
I did a little more hunting. If you know what county your son needs to file in he can get all the forms and filing informatiom from that county.
Here is some inforemaiom about different types of service and the forms required. This is for Pima County , but at least you will know what need to be done and what type of forms must be file
ARIZONA SUPERIOR COURT, PIMA COUNTY SELF-SERVICE PACKET INSTRUCTIONS ON SERVICE OF PETITION -- BY PUBLICATION





Thanks again, Patrick, for all the helpful information...I am checking into the publication stuff more thoroughly - thanks for the links...we are in Yavapai County (also ex's last known address) but he is in Marana now...

virtuously_me
09-07-2007, 06:36 PM
Does anyone have a sample or have experience with a divorce with kids. How does the guardianship suppose to be, does he have to put hisself on child support, etc. We are in TX but any advice will help.

str8
09-17-2007, 04:07 PM
My Man is in Florida we have the soon to be x's address and info, however the lovely people he's spoken 2 have given him the run around. I had to call today to speak with the Chaplin (who he was referred to) only to have him tell me, they only deal with the marriage end of it, not the divorce and referred us back to the law clerks on the compound. SO, any ideas? should i just go the the county court house and get the papers and mail them to him? will he need to file in the county in which he is incarcerated or the county in which we are from? i know they will grant full custody of thier child to her, but is there anyway to petition the court to have the mother allow the child to be able to visit him with either her step parent or his family? any idea would be appreciated..

Patrickj
09-17-2007, 05:18 PM
My Man is in Florida we have the soon to be x's address and info, however the lovely people he's spoken 2 have given him the run around. I had to call today to speak with the Chaplin (who he was referred to) only to have him tell me, they only deal with the marriage end of it, not the divorce and referred us back to the law clerks on the compound. SO, any ideas? should i just go the the county court house and get the papers and mail them to him? will he need to file in the county in which he is incarcerated or the county in which we are from? i know they will grant full custody of thier child to her, but is there anyway to petition the court to have the mother allow the child to be able to visit him with either her step parent or his family? any idea would be appreciated..

Here is a link to the Florida family law forms and other self help information. I am going to attach GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS. Here is the link
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml
If you have questions just ask, I will do what I can to assist you. I can not give you legal advice, just guide you in the right direction

joes4ever
09-28-2007, 07:09 PM
My finacee is incarcerated in Beeville, Texas the Garza East unit. Today we had our 2nd contact visit. Yeah! And it was an excellent visit.

He comes up for parole in November 2007. We are planning to get married February 23, 2008. But one problem, like so many others out there in love with their incarcerated soulmate. He is married and not yet divorced.

I found some papers to send to him and he forward them to the soon-to-be-ex, but of course, she hasn't responded. Today in our visit, he stated he sent the forms to her again, with no avail. She still hasn't answered.

So my man, asked me to obtain a divorce attorney in the free world and just pay the price so he will be divorced hopefully by the time he comes home in November 2007. I have searched high and low online for a low cost attorney or low cost divorce that wouldn't take long with no success.

Can someone please assist me? What are the steps for him getting the process rolling?

FYI- (a little history of them)
They were married in 1998 and have been separated since 2000. They have one child together and he is 17 years old. He is willing to pay whatever in child support. They have no property, no bank accounts, no vehicles or anything else together.

Help!!!

JOES4ever

DestinyIMDP
10-16-2007, 06:14 PM
I am following up on the pro se divorce process for an incarcerated friend. The district court has received the paperwork and filing fee; it's sitting in the supervisors desk waiting for her return on Friday cause no one else knows what to do. While I was on the phone I overheard some of the clerks saying that "how is he going to appear in court?" Has anyone had any experience with once the an inmate files? He's trying to get his ex to sign a waiver of appearance. Do you think this help?

msjel2
10-18-2007, 11:26 AM
does anyone know of the filing process and costs in Noth Carolina?

MrsEverett
10-22-2007, 07:55 AM
Hi there I'm trying to find out about getting a divorce for someone in a fci in the state of pa. but he ws married in ohio. how does that work?

DestinyIMDP
10-25-2007, 06:48 PM
I am following up on the pro se divorce process for an incarcerated friend. The district court has received the paperwork and filing fee; it's sitting in the supervisors desk waiting for her return on Friday cause no one else knows what to do. While I was on the phone I overheard some of the clerks saying that "how is he going to appear in court?" Has anyone had any experience with once the an inmate files? He's trying to get his ex to sign a waiver of appearance. Do you think this help?09-28-2007 06:09 PM

When he mailed the papers the first time he mailed the divorce decree but forgot to put in the petition of divorce. They sent it back to him.

I had given him the heads up on it coming back to him and what was needed so he was ready to mail it back the same day.

The divorce paper work was received from the prison yesterday and the clerks office entered it in the system, it's on the judges docket, now we just wait for the wife to file the waiver of appearance if she doesn't he'll have her summon and then she'll have 30 days to respond . I'm going to suggest to him to have her summoned any ways.

kalinka
10-25-2007, 10:23 PM
Hey there. I heard from a guy i like in prison (he's also married) that it only costs $1 for a divorce since he's incarcerated. Maybe that's only if she files though.

msjel2
10-26-2007, 01:28 PM
Does anyone know the divorce laws in NC? I am very short on funds, so the cheaper the better! Thanks!

Patrickj
10-26-2007, 01:55 PM
Hey there. I heard from a guy i like in prison (he's also married) that it only costs $1 for a divorce since he's incarcerated. Maybe that's only if she files though.


Most state have fee waivers that may be applyed for and/or filed for anyone. Most people that ar incacerated quilify due to their fininacl conditions. On the other had if this person has means(money on his/her books could be different) Look at you local ourt leval for fee waivers, sometimes they are also avilable at the Appeallate court leval also.
Read and follow all instructions to the letter. A judge will grant or deny you application for fee waiver. If the person is filing from in custody fopr fee waiver. The institution of residency will have to provide a copy of whatfunds the inmate has on his/her books . Attach this to your fee waiver application.

Patrickj
10-26-2007, 02:02 PM
Does anyone know the divorce laws in NC? I am very short on funds, so the cheaper the better! Thanks!


Here is a link to the laws of North Carolina, Chapters 48- 52c deal with family law matters. http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl (http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl)

I have been looking for other information on North Carolina, haven't had much luck as of yet. Also check with the clerk of the court in your county and see if there are any forms aviliable for divorce and any fee waiver applications or forms. I will keep looking also

biznack28
10-31-2007, 01:23 PM
I would like some info for SC laws on Divorce from prison if anyone can help. Where do I start?

Patrickj
11-02-2007, 11:15 AM
I would like some info for SC laws on Divorce from prison if anyone can help. Where do I start?



Here is a link to the laws(codes) pertaining to divorce for S.C.
http://www.scstatehouse.net/code/titl20.htm (http://www.scstatehouse.net/code/titl20.htm) I haven't read all of this as of yet, I will see if I can find you some forms also

metro3480
11-02-2007, 11:52 AM
"While I was on the phone I overheard some of the clerks saying that "how is he going to appear in court?" Has anyone had any experience with once the an inmate files? He's trying to get his ex to sign a waiver of appearance. Do you think this help?"

In a lot of states they can appoint a stand-in or proxy for when they have to appear in court for their divorce proceedings.

DestinyIMDP
11-02-2007, 08:48 PM
"While I was on the phone I overheard some of the clerks saying that "how is he going to appear in court?" Has anyone had any experience with once the an inmate files? He's trying to get his ex to sign a waiver of appearance. Do you think this help?"

In a lot of states they can appoint a stand-in or proxy for when they have to appear in court for their divorce proceedings.

I had the same question on my 9-26 posting; I've yet to get an answer.

Kahlan
11-05-2007, 08:05 AM
In SC, they will transport him to court and back in the same day.

lormur
11-06-2007, 06:23 PM
In Texas, you sign Power of Attorney for someone to stand in for you during divorce prceedings. Any questions, feel free to PM me, we are going through it right now.

lucky1960
11-15-2007, 04:18 PM
does anyone know how much it would cost for an inmate to get a divorce while incarcerated? Any help will be of concern.

bearnjoy
12-24-2007, 11:12 PM
how about an inmate in fort madison iowa, trying to figure out how to divorce... no kids and she abandoned him....

blondebabe
12-25-2007, 03:24 AM
how about an inmate in fort madison iowa, trying to figure out how to divorce... no kids and she abandoned him....


Not sure about iowa but my man is in Ca and is in the same position and he has gone for a missing spouse divorce as long as he can prove he has tried all attempts to find her the court will grant the divorce and an attempt has only to be an ad in the classified in her local paper.

brokeeper44
02-02-2008, 11:08 AM
Please send me any information on how my brother can get a divorce from prison. He and his wife were both incarcerated at the time they got married. She since has been released and is now screwing everyone but him because he is still in prison. He would like to file for divorce and rid her before she is entitled to his property.
She doesn't live in his house and doesn't live anywhere with his family. Actually we have no clue where she is living.
If anyone cal help me be my broskeeper and get his divorce rolling then please send me anything that you can.
you may email me directly at heatherewalker@yahoo.com
I so appreciate any support that comes my way.

tigrldy
02-02-2008, 11:48 AM
Divorce laws can vary by each state. For our state you can get and download a divorce papers from the state forum to file. I checked briefly in Mo and did not see them but if you type in Missouri do it yourself divorce you get several links with forms that come up. The one thing that I did note was the Missouri appears to be a no fault state which is probably good. You can get one just based on irreconcilable differences and don't have to prove adultery.

Your first step should probably be to call the clerk at divorce court and ask him/her the proceedures. It's what I did and I got a lot of good infomation from them.

blondebabe
02-12-2008, 06:56 AM
now my hunny has ahad a letter form the courts asking for a fee of $320.00 and if he cant pay they want her to.he's filled out the fee waiver form but can this be denied.

Junior'sQueen
03-02-2008, 08:02 PM
Ok, my fiance wanted me to ask this question for his bunkie, since we have not been through a divorce, so him & I don't know the answer.


The question is:

His bunkie filed for divorce through the local courts sometime in May 2007. He said he also filed a separate piece of paper something about the final judgement. Something about pushing it through ASAP???? I looked up info for him on the California courts website, and it basically gave the typical info. However, he has not heard back from the courts yet, with his final judgement paper showing he is now divorced. It has now been approx. 8-9 months or so.

He wants to know if anyone has a man out there that went through a divorce while incarcerated (in California) and how long did it take to get his paperwork, etc? Notifying him that he is now divorced?

He also said for me to tell all of you that reply, thank you in advance!

Patrickj
03-04-2008, 11:03 AM
Ok, my fiance wanted me to ask this question for his bunkie, since we have not been through a divorce, so him & I don't know the answer.


The question is:

His bunkie filed for divorce through the local courts sometime in May 2007. He said he also filed a separate piece of paper something about the final judgement. Something about pushing it through ASAP???? I looked up info for him on the California courts website, and it basically gave the typical info. However, he has not heard back from the courts yet, with his final judgement paper showing he is now divorced. It has now been approx. 8-9 months or so.

He wants to know if anyone has a man out there that went through a divorce while incarcerated (in California) and how long did it take to get his paperwork, etc? Notifying him that he is now divorced?

He also said for me to tell all of you that reply, thank you in advance!

He needs to check with the local courts and see what is th problem with his case. Usally it is one of these items if not all Service on the Respondent, Disclosure issues, Here is a link about final judgement also from Califorina self help there are steps to follow here also any step missed hurts. http://www.courtinfo.ca.gov/selfhelp/family/divorce/step5.htm#judgment (http://www.courtinfo.ca.gov/selfhelp/family/divorce/step5.htm#judgment)
Read or send him each step (if you want) Ther is more to it then just filing a final judgement paper. If you have nay othre questions let me know. For this matter to be done in May 07 something should have already been said by the courts One other question Any children involved in this marriage? If ther is could be another factor

Junior'sQueen
03-04-2008, 02:48 PM
He needs to check with the local courts and see what is th problem with his case. Usally it is one of these items if not all Service on the Respondent, Disclosure issues, Here is a link about final judgement also from Califorina self help there are steps to follow here also any step missed hurts. http://www.courtinfo.ca.gov/selfhelp/family/divorce/step5.htm#judgment
Read or send him each step (if you want) Ther is more to it then just filing a final judgement paper. If you have nay othre questions let me know. For this matter to be done in May 07 something should have already been said by the courts One other question Any children involved in this marriage? If ther is could be another factor

THANKS FOR THE INFO!!!! Nope, no children involved. Well, his son is grown & married. So no child support, visitation or anything like then. No property to split, etc. Nothing! Thanks again for helping out here.

pineapple
03-11-2008, 11:30 AM
sems like another run around thing.
courts and getting papers and stuff
you just about need a lawyer to get in there to get things rolling
again the attys make all themoney

BuggsBoo
03-13-2008, 07:54 PM
Do you file for divorce in Texas in the county where you were married or the county of the prison the person is in? All help will be apprechated...

Patrickj
03-13-2008, 10:41 PM
Do you file for divorce in Texas in the county where you were married or the county of the prison the person is in? All help will be apprechated...

Here is what the Texas Family Code says;So if the person is a resident of that county over 90 days you would file in the county in which the petitoner resides Hereis the link to the Texas Family Code look under chapter 6
http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm (http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm)

§ 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A
suit for divorce may not be maintained in this state unless at the
time the suit is filed either the petitioner or the respondent has
been:
(1) a domiciliary of this state for the preceding
six-month period; and
(2) a resident of the county in which the suit is filed
for the preceding 90-day period.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Lilbunnyfoofoo
03-22-2008, 02:24 AM
Okay, I'm sorry. I'm not very good at this stuff. I don't even know if I am posting this in the right place.
I don't know how different it is in each state, but I was just wondering if anyone knew how long it takes for an inmate to obtain divorce papers once he has requested them from the law library, or what the procedure is in the state of California?

PookieJude
03-22-2008, 11:02 AM
Does anyone here know the divorce process while a person is incarcerated in California? How does the inmate initiate the divorce, etc.? Thanks.

Junior'sQueen
03-22-2008, 12:45 PM
POOKIEJUDE & LILBUNNYFOOFOO: What I did for my man's bunkie recently was to go on the California self help website, and you can print out the forms w/instructions for him and send if you wanted to. Go to:
http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm#summary

There are 5 steps, with instructions with the forms. I personally have never been through a divorce so I don't know how it works, etc. But what I have read recently is, if a form is missing, etc... then it can get kicked back from the courts and won't be filed, etc. If there is no property to split, no child custody/support, then the divorce should be fairly easy. Make sure your man or whoever it is sends the paperwork to his local courts via certified mail or somehow where he/you gets a receipt reflecting the papers have been received.
Hopefully the link I am providing will assist you! Good Luck!

P.S. There is also a WAIVER that he can fill out to waive the fees of filing since he is incarcerated.

Lilbunnyfoofoo
03-22-2008, 02:53 PM
Thank you very much!
I was just wondering because my ex and I are finally getting a divorce, and we are doing it now because it is so cheap in there. He was supposed to have requested the papers weeks ago, but I haven't received them yet, and he hasn't said anything about them. This will be a lot cheaper on his end, and I just want to make sure he is not trying to change his mind on me again. :slap:

Junior'sQueen
03-22-2008, 05:25 PM
Thank you very much!
I was just wondering because my ex and I are finally getting a divorce, and we are doing it now because it is so cheap in there. He was supposed to have requested the papers weeks ago, but I haven't received them yet, and he hasn't said anything about them. This will be a lot cheaper on his end, and I just want to make sure he is not trying to change his mind on me again. :slap:

I don't know which prison/county he is located right now.... but whatever county is he is under, either go to that county website (superior courts) and most, NOT ALL have links to their courts/family law division, etc... (I've just learned this myself) and you can look up by name. IF they the county do not have a link, you can call their family law division and ask, and some will tell you. For instance, my man's bunkie, they are located in Corcoran, which is Kings County, and he supposedly filed his paperwork under Kings (Corcoran's local court). (not knowing if the prison really mailed them for him) anyway, he had not heard anything for @ 8 months, so I was doing research for him and went onto Kings website and did not have a link to their family law division, so I called their courts, and just said my friend was in prison and wanted me to check for him and you just have to give the name of the filer. It is all public information. The one county that I saw recently where you can easily look up divorces, etc.. is Orange County. (smile) I've been doing research for my man's friend, and it is interesting what you can find out there and how much public information about all kinds of cases are readily available on line! INTERESTING!!!!

HOPE THIS HELPS!!!!

Taybria1
03-23-2008, 12:57 PM
I am new here and I am sure this has been asked Thousands of times, but there are so many threads to go through to find my answer/answers.
My fiancee wants a divorce, he hasnt been with his wife since Feb. '00
He did all the paper work to get a divorce to her before he went to prison, but found out a year later he wasnt divorced.
I am not sure how to get it all started back up for him. He wants it now, before, they possibly pass a new law where you have to go into counseling before a divorce can be issued. I need to know where to start, if anyone knows how much it may cost, we heard there could be just a 37 dollar filing fee if we do the paperword ourselves, but like before we are scared it might not go through again. Also, we have no clue how to honestly fill them out correctly, Not sure what happened the first time, maybe he didnt fill them out right. How do we get it sent through the court system. Basically, we need a start to finish information on how to go about it all!!
Any help would be appreciated!!!
Thank you!!

Patrickj
03-23-2008, 01:48 PM
Does anyone here know the divorce process while a person is incarcerated in California? How does the inmate initiate the divorce, etc.? Thanks.



If you have any other question I can probably help you out and show you a few things to assure you don't have failure on this type of matter. I have tons of divorce information CA. is where I have done most of my research, but I have also assisted in other states as far as guiding individuals This also goes for the other person seeking information about divorce in CA.

Patrickj
03-23-2008, 01:51 PM
Thank you very much!
I was just wondering because my ex and I are finally getting a divorce, and we are doing it now because it is so cheap in there. He was supposed to have requested the papers weeks ago, but I haven't received them yet, and he hasn't said anything about them. This will be a lot cheaper on his end, and I just want to make sure he is not trying to change his mind on me again. :slap:

You can also file if you want to do the divorce you are also entitiled to the fee waiver if you don't have the means ($$$) to pay filing fees Little information for you since you are on the outside you can getbfree legal aid if you research it out, they due everything for you (just a little insight ) I have been at assisting people with divorce from the inside and out for a while

s2zlife
03-23-2008, 09:25 PM
do you have info on maryland divorce while the inmate is in texas

Lilbunnyfoofoo
03-23-2008, 10:57 PM
Well, thank you all very much. You have been very helpful and I appreciate it. :thumbsup:

Patrickj
03-24-2008, 11:13 AM
do you have info on maryland divorce while the inmate is in texas


If this inmate is a inmate in a Texas correctional center he/she would file their divorce in Texas the county in which they reside. Are there any children involved in this marriage? I will attach a booklet for Uncontested Divorce in Texas, I have some other information also but read this first (look at it ) then let me know

HoldingHimClose
03-24-2008, 11:48 AM
It could be something as simple as them not having an address to mail it to him. I believe that at least one of them needs to appear in court.

HoldingHimClose
03-24-2008, 11:48 AM
It could be something as simple as them not having an address to mail it to him. I believe that at least one of them needs to appear in court.

braceface07
03-24-2008, 12:35 PM
Juniors queen, what he has to do is pay for the dissolution of marriage certificate or whatever they call it. I was married and got a divorce, they said divorce will be done by six months and I never received anything saying I was divorce. I called my lawyer and she said they will not send u anything because u have to pay to get the dissolution of marriage. (Just like u have to pay for the marriage certificate) hope that helps.

Patrickj
03-26-2008, 05:33 PM
Juniors queen, what he has to do is pay for the dissolution of marriage certificate or whatever they call it. I was married and got a divorce, they said divorce will be done by six months and I never received anything saying I was divorce. I called my lawyer and she said they will not send u anything because u have to pay to get the dissolution of marriage. (Just like u have to pay for the marriage certificate) hope that helps.

If all fees are waived you will get a copy of your final judgement in a pro-se filed matter from the the courts providing you send a stamped self addressed envelope with the filing 9-out 0f 10 cases ends up the petitioner missed a step or didn't follow through the whole step of each stage

Mommas
03-28-2008, 11:07 AM
A morning Patrick;

If an inmate (CA) filed divorce papers and was under the impression that everything went through but is now aware that the spouse checked the box to regain her Maiden name so he filed out forms sent to him but can not find the spouse to have the papers served. What can he do now??

Your help is appreciated

simplylove
03-31-2008, 11:29 AM
ok so my man is in a michigan prison and he and his baby's mom got married what ten or eleven years ago...he wants to get a divorce from her he hasnt really been apart of the kids lives and well he is on social security when he is out the kids recieve it when he is out but he thinks that this time when he comes home she is going to try to get him for child support so he wants to give up his rights jus so he wont have to pay so much he takes care of them and her when he is out but she is going to try to screw him bad so i need help on getting him his paperwork for divorce and something like giving his rights up any help?!!!

sokiegirl
04-08-2008, 04:16 PM
:shrug:I don't believe a person can relinquish his parental rights so he can quit being responsible and paying child support but I may be wrong. I'll be watching or responses from others that may know more.

Patrickj
04-10-2008, 10:54 AM
:shrug:I don't believe a person can relinquish his parental rights so he can quit being responsible and paying child support but I may be wrong. I'll be watching or responses from others that may know more.


If a person chooses to relinquish their parental rights there is usally more then just a child support matter at hand. Because once you give away your parental rights you have given something very special away to someone else to make all decisions for this child.
To relinquish parental rights just so you don't have to pay child support doesn't say much for that person as a parent in my eyes. (That is just my view not the law)

memesec85
04-14-2008, 02:07 PM
My husband is prison in VA and he is telling my to send him $300 for a divorce well I know he is lying and I want to find out the real cost for him to file!!!! Please help if anyone knows and information!:confused:

Patrickj
04-15-2008, 08:08 PM
[quote=memesec85;3566481]My husband is prison in VA and he is telling my to send him $300 for a divorce well I know he is lying and I want to find out the real cost for him to file!!!! Please help if anyone knows and information!:confused:[/quot

I will get you the filing fees,for a divorce Do you know what county?

Patrickj
04-15-2008, 08:20 PM
My husband is prison in VA and he is telling my to send him $300 for a divorce well I know he is lying and I want to find out the real cost for him to file!!!! Please help if anyone knows and information!:confused:

Here is a overview of Viginia divoce laws and procedure


OVERVIEW OF VIRGINIA DIVORCE LAW AND PROCEDURE:
Summary of Virginia Divorce Law:

To obtain a divorce in Virginia, either you or your spouse must be a resident of Virginia for at least six months prior to filing for divorce.
No Fault Grounds:
Six Month Separtion: separated for a minimum of six months and have a written property settlement agreement before you may file for divorce. One Year Separation: separated for a minimum of twelve months; (no property settlement agreement required).
General Grounds: General:
(1) Adultery (including homosexual acts);
(2) abandonment;
(3) conviction of a felony and imprisonment for 1 year; (
4) cruelty; and (
5) willful desertion. Distribution of Property:

Virginia is an Equitable Distribution (http://www.divorcetoday.com/Virginia/VA_es.html)State

Virginia Code Sections relating to Divorce (http://www.divorcetoday.com/Virginia/VA_sections.html)

Court fees:


The following court/administrative fees are normally incurred in divorce cases:

A $66.00 filing fee, which is payable upon the filling of your Bill of Complaint with the Court;
A $12.00 service fee if the complainant wishes to have a defendant (must reside in Virginia) served by the Sheriff. You may avoid this fee if the defendant is willing to accept service of the documents by signing a notarized statement that he/she has received the Bill of Complaint or by having the defendant sign Form CC-1406
$19 filing fee to resume Maiden Name (if applicable in your case)

boricuasgirl
05-02-2008, 04:01 PM
:confused::confused:Ok my guy is still married and he is trying to get divorced. He is in Alabama and she is in Chicago. She will agree to sign the divorce as long as child support stipulations are included AND she expects him to pay for half of the amount she charged on a credit card for his lawyer. She also wants the divorce jurisdiction to be in IL. The idiot is just trying to be difficult. Is there anything that can be done about this?

We have pictures of her that we found on her myspace where she is with her other man in Miami. I don't know if that would help any.

Is there anything we can do, any info would be great!

pinkkrazr
05-09-2008, 10:09 AM
First...Sorry, I posted my question in the general forum before I found this one...Background...my friend just got sent back (3rd time) needs to file for divorce while he is inside. I called the state/county where he was married and they said he has to file where he resides, so does he reside in the county where he's at currently or in the county he resides outside? Or, county where hsi wife ws last known to live? any assistance would be great. I am trying to get this done quickly, in the meantime I'm waiting for the kite to get to his caseworker and see what info she can give me! Thanks for any info...God Bless!

Patrickj
05-09-2008, 01:26 PM
First...Sorry, I posted my question in the general forum before I found this one...Background...my friend just got sent back (3rd time) needs to file for divorce while he is inside. I called the state/county where he was married and they said he has to file where he resides, so does he reside in the county where he's at currently or in the county he resides outside? Or, county where hsi wife ws last known to live? any assistance would be great. I am trying to get this done quickly, in the meantime I'm waiting for the kite to get to his caseworker and see what info she can give me! Thanks for any info...God Bless!

He would file in the county in which he resides now provided he meets the residency requirements of the state that apply to divorce.
So if he has resided six months or more in the present county that is where he would file. I am reading this information from Chapter 50 article 1
50-8 of North Carolina General Statues

greeneyedlady19
05-09-2008, 03:06 PM
If a person chooses to relinquish their parental rights there is usally more then just a child support matter at hand. Because once you give away your parental rights you have given something very special away to someone else to make all decisions for this child.
To relinquish parental rights just so you don't have to pay child support doesn't say much for that person as a parent in my eyes. (That is just my view not the law)well said!! that's a really sad outcome for a man to give up his parental rights to try to get out of child support. The father of my children has been incarcerated for almost 13 years now in july of this year. our children were 8 10 and 12. they are now 21 23 and 25. i worked full time plus a part time job on the weekend to make ends meet and support our children. maybe i should have given up my parental rights to them so i did not have to support them as i did! never a choice for me, and should not be for this man were talking about!!! he should be ashamed of himself.

jayluvsme
05-09-2008, 03:38 PM
First of all a divorce is one thing and children are another subject. If he is drawing any kind of fund if i am not mistaking he doesn't have to pay child support but yes they will draw off him. but if he already has a court order for child support he is held liable for that. I don't think that he should give up his parental rights. He doesn't have to be involved with this woman to do for his children.. they are the innocent bystandards here. I am not telling you what to do but signing your rights over just to get away from child support is not a good excuse. Sorry if I offended you but it's the truth. There's no need in running from your responsibilities. If you can spend time behind bars then it's much more easier spending time with your children. IF you can learn strangers then you can take the time out to learn your children. So think about it before you be so quick to forget about it. The hell with the woman. It's time for men to man up to their responsibilities. He can love his children and forget about her. I don't consider giving any male the title MAN since he wants to give up rights to dodge child support. Sorry, but it's real.

*RaymondzWifey*
05-14-2008, 10:53 PM
My Fiance is in Corcoran State Prison In Corcoran California and we've been together for 5 years now and are very serious about getting married, the main problem is the filing fees of 660.00 and not that he's not worth it or our happiness has a far greater value it's still 660.00, Is there any way to have the fees waived? Please help me to find a solution...*Raymondzwifey*

pinkkrazr
05-15-2008, 01:56 PM
He would file in the county in which he resides now provided he meets the residency requirements of the state that apply to divorce.
So if he has resided six months or more in the present county that is where he would file. I am reading this information from Chapter 50 article 1
50-8 of North Carolina General Statues


Thank you....He is in Missouri, but with your info I will look at the missouri statues. He said if he does it himself it costs a dollar no court costs (i am finding that hard to believe). If she files it will cost $600. There are no children or assests to fight over just a means to an end. Again thanks for your help!

pinkkrazr
05-16-2008, 12:23 PM
I found the forms to file for his divorce and the informa pauperis affidavit so he only pays $1.00 to file. (imagine that!) Who knew I could be wrong :o

Patrickj
05-16-2008, 06:06 PM
My Fiance is in Corcoran State Prison In Corcoran California and we've been together for 5 years now and are very serious about getting married, the main problem is the filing fees of 660.00 and not that he's not worth it or our happiness has a far greater value it's still 660.00, Is there any way to have the fees waived? Please help me to find a solution...*Raymondzwifey*

Here are some links for fee waiver in Calif along with a information sheet if you have any other questions or just need a little help finding forms let me know:
http://www.courtinfo.ca.gov/forms/documents/fw001info.pdf (http://www.courtinfo.ca.gov/forms/documents/fw001info.pdf)
Information sheet on waiver of court fees and cost
Applications
http://www.courtinfo.ca.gov/forms/fillable/fw001.pdf (http://www.courtinfo.ca.gov/forms/fillable/fw001.pdf)
Application for Waiver of Court Fees and Costs
http://www.courtinfo.ca.gov/forms/fillable/fw003.pdf (http://www.courtinfo.ca.gov/forms/fillable/fw003.pdf)
Order on Application for Waiver of Court Fees and Costs
http://www.courtinfo.ca.gov/forms/fillable/fw002.pdf (http://www.courtinfo.ca.gov/forms/fillable/fw002.pdf)
Application for Waiver of Additional Court Fees and Costs
http://www.courtinfo.ca.gov/forms/fillable/fw004.pdf (http://www.courtinfo.ca.gov/forms/fillable/fw004.pdf)
Order on Application for Waiver of Additional Court Fees and Costs

Here is a link for more divorce forms in Calif.
http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm#regular

truelove1101
05-17-2008, 09:50 AM
I am trying to help my boyfriend who is currently incarcertated in Ohio and his wife file a divorce. Neither of them know how to start the procedure of divorce, how much it wil cost, or what steps to take. They share no belongings and have nothing between them except a marriage certificate. She wants nothing and he wants nothing from the divorce, except to be divorced and the chance for each other to marry other people. They both reside in Ohio currently and lived in seperate counties, so I am not sure what county they were married in. Can someone please help me guide them in the process of filing a divorce while he is incarcerated? Thank you very much!!!

Patrickj
05-18-2008, 01:16 AM
I am trying to help my boyfriend who is currently incarcertated in Ohio and his wife file a divorce. Neither of them know how to start the procedure of divorce, how much it wil cost, or what steps to take. They share no belongings and have nothing between them except a marriage certificate. She wants nothing and he wants nothing from the divorce, except to be divorced and the chance for each other to marry other people. They both reside in Ohio currently and lived in seperate counties, so I am not sure what county they were married in. Can someone please help me guide them in the process of filing a divorce while he is incarcerated? Thank you very much!!!

Let me look and see if there are any kind of free divorce forms for you, alright. I know they sell packets on line I just have never used tem I will also get you te statues that applies to divorce (a link to them) Also. What County is your boyfreind currently residing in ? I can show you examples of forms used in othr counties but would like to try and get you the right ones for you
I attaced aDissolution of Marriage Petition for Tuscarawas County, Ohio . For example any way ther are more forms I am sure just want you to look at something any way , here is the link to the form also
http://www.co.tuscarawas.oh.us/ClerkofCourts/dissol-wo.pdf

truelove1101
05-18-2008, 11:56 AM
Well he is at CRC in Orient, OH right now (don't know what county that is)...Do they file a divorce for the county he is in while he is at jail or the one that he lived in. He has only been in jail for 1 month, serving 4 years. He has only been there @ CRC for 2 weeks, but before that he lived in Hamilton County. She lived in Butler County, but I am not sure which county they were married in. Does that help with the information? I didn't mention that they had 2 children between each other which were born before the marriage. Thanks again!!!

Patrickj
05-18-2008, 12:21 PM
Well he is at CRC in Orient, OH right now (don't know what county that is)...Do they file a divorce for the county he is in while he is at jail or the one that he lived in. He has only been in jail for 1 month, serving 4 years. He has only been there @ CRC for 2 weeks, but before that he lived in Hamilton County. She lived in Butler County, but I am not sure which county they were married in. Does that help with the information? I didn't mention that they had 2 children between each other which were born before the marriage. Thanks again!!!

Let me run down the residency requirements for filing divorce for you.I can find te county with the information you gave me. So this divorce will be a divorce with children involved if your bf is the dad to these children.
No problem let me do some digging through my files and on the web I will get you something to read lol .
Just going off the top of my head now you usally file in the county in which you reside in at the present time. Does your bf and his wife talk ? reason for this question is it might be eaisere for her to file this divorce, since they just want to get rid of each othe. I'll be in touch more tehn likely from now on I will contact you through private message because of some of the questions I will be asking

truelove1101
05-18-2008, 09:02 PM
OK thank you! I will talk on there. And yes...they talk, except I just talk to him more...we are all friends. LOL. She or he will file the divorce, which ever is easier...

msbre26
05-19-2008, 02:19 PM
Hey,
My boyfriend wants to get a divorce and he has 2 children with his wife. Since he has been in his wife has had another child with her boyfriend. He doesn't get released until 2011 and we are wondering how child support or custody would be desided. He would like full custody but I told him that may not happen so at least try for joint. What has to be done so when he gets out he can still go for some sort of custody for his boys. Also because she had a child with another guy while married isnt he by law obligated to that child?

pinkkrazr
05-19-2008, 10:17 PM
i completed the divorce forms just now. They were fill ins and I was able to save them because I have to find out a few answers from him still (her pace of birth etc) I just wanted to let anyone know that is planning to filed in missouri it was so easy. I filed in the blanks, printed it out and for the most part was done in less than 10 minnutes. Granted there are no children or property anymore.

http://www.courts.mo.gov/page.asp?id=3496 follow the instructions step by step. My suggestion is to print out the blank ones first so you can write in information while on the phone etc.

Hope this helps!

Patrickj
05-19-2008, 10:32 PM
i completed the divorce forms just now. They were fill ins and I was able to save them because I have to find out a few answers from him still (her pace of birth etc) I just wanted to let anyone know that is planning to filed in missouri it was so easy. I filed in the blanks, printed it out and for the most part was done in less than 10 minnutes. Granted there are no children or property anymore.

http://www.courts.mo.gov/page.asp?id=3496 follow the instructions step by step. My suggestion is to print out the blank ones first so you can write in information while on the phone etc.

Hope this helps!

Thanks for the info. divorce isn't that hard if both parties agrre or one defaults. Don't fight over child custody or property.

Patrickj
05-19-2008, 10:40 PM
Hey,
My boyfriend wants to get a divorce and he has 2 children with his wife. Since he has been in his wife has had another child with her boyfriend. He doesn't get released until 2011 and we are wondering how child support or custody would be desided. He would like full custody but I told him that may not happen so at least try for joint. What has to be done so when he gets out he can still go for some sort of custody for his boys. Also because she had a child with another guy while married isnt he by law obligated to that child?

Here is the link to Arizonia Revise Statues that deal with Marital and Domestic Relations http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25 (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25)
read some of these for your information also if you know what county he is in I might be able to find him a divorce packet (divorce kit) Joint custody is the way to go for now after his release he can do a child custody modification and seek full custody . Present situtation may bar him from full custody (not 100% sure )

msbre26
05-20-2008, 12:41 AM
Patrickj
He was married in Pima county. From what he has told me cps has been called a couple times on his wife and her boyfriend.
Also thank you so much for your help

*RaymondzWifey*
05-20-2008, 01:07 AM
:eek:OK thank you! I will talk on there. And yes...they talk, except I just talk to him more...we are all friends. LOL. She or he will file the divorce, which ever is easier...
:idea:I saw that someone had put all the info on the page about where and how to get my mans divorce completed once and for ALL,but as I went to connect me to the website........My computer blanked and then it was lost.Sorry, as I was explaining earlier on another site I'm new to this computer s***, but not to the prison s****,so if anyone could please help me out 1 more time I'd much appreciate it.:) *RaymondzWifey*

*RaymondzWifey*
05-20-2008, 02:38 AM
Ya,this is *RAYMONDZWIFEY* tryin to get this info I lost on how to get my man divorced once and for all so we can FINALLY get married.Is it really only $1.00 to file his divorce papers from prison???He's in Corcoran Prison{SATF}and everytime he's tried to ask hid counselor about this he bloes him off and tells him they don't help them file like this anymore.So I called the King County Court house in town and their quote is $660.00,thats some s*** if you wanna ask me.How can anyone possibly think a inmate has that kind of $$$$. So if anyone could please help me out with the info I totally appreciate it.:D*RAYMONDZWIFEY*

Patrickj
05-20-2008, 01:08 PM
Ya,this is *RAYMONDZWIFEY* tryin to get this info I lost on how to get my man divorced once and for all so we can FINALLY get married.Is it really only $1.00 to file his divorce papers from prison???He's in Corcoran Prison{SATF}and everytime he's tried to ask hid counselor about this he bloes him off and tells him they don't help them file like this anymore.So I called the King County Court house in town and their quote is $660.00,thats some s*** if you wanna ask me.How can anyone possibly think a inmate has that kind of $$$$. So if anyone could please help me out with the info I totally appreciate it.:D*RAYMONDZWIFEY*

Try going back to my post on page 14 a try the links if they don't work for you I will assit you in getting you the paper work let me know Then through private message I will help you get all of the paper work and fee waivers to help you out I am not trying to blow you, I catch a lot of static for helping people out some other take my guidance as legal advice. Disclaimer: I am not giving you legal advice just assistance in obtaining your paper work

Patrickj
05-20-2008, 01:41 PM
Patrickj
He was married in Pima county. From what he has told me cps has been called a couple times on his wife and her boyfriend.
Also thank you so much for your help


I will attach a copy of some general information about divorce in Pima County from the Pima County Supierior Court, along with a divorce packet with children, also put a fee deferral packet on here Take a look and let me know what more you need ( you will need more packet )

Patrickj
05-20-2008, 01:51 PM
Ya,this is *RAYMONDZWIFEY* tryin to get this info I lost on how to get my man divorced once and for all so we can FINALLY get married.Is it really only $1.00 to file his divorce papers from prison???He's in Corcoran Prison{SATF}and everytime he's tried to ask hid counselor about this he bloes him off and tells him they don't help them file like this anymore.So I called the King County Court house in town and their quote is $660.00,thats some s*** if you wanna ask me.How can anyone possibly think a inmate has that kind of $$$$. So if anyone could please help me out with the info I totally appreciate it.:D*RAYMONDZWIFEY*

Alright I have attached the forms for waive of fees along with an informatiom sheet I put them in the order in which they should be filed you only need to do fw001 and fw003 at the start the other two forms are for any additional court fee that may pop up Ther is more forms that need to be filled out for the divorce and the service of papers on the respondent. These forms are just for fee waiver appliction I will also check with the local courts in you bf area to see if there are any additional froms tha need to be filed

truelove1101
05-21-2008, 08:45 AM
PatrickJ, could you please PM me with the proper information for a divorce in Ohio involving children but no property. Both are willing for the divorce. I have sent you a PM regarding the counties involved. Thank you!

pinkkrazr
05-26-2008, 01:39 PM
I sent off the divorce paperwork on friday. He will get it tuesday and hopefully his caseworker wont take a week getting him down there to sign and notarize it all. I will let you know how it goes. I can help anyone trying to do the same in Missouri!

whynow2007
06-10-2008, 08:30 PM
Patrickj. I have read on the forum that inmates cannot divorce in Ohio. The spouse on the outside must do it. My son wants to divorce his wife and he is currently in jail. Expects to be sentenced in 6 weeks or so. Can he file for divorce and what is the procedure? She has children by her first marriage, she is the wage earner as he was disabled and on disability. They have washed their hands of him, but she wants to collect his pension while he is gone. She has taken everything, she will not even give him his personal items. Can you help?

truelove1101
06-10-2008, 09:09 PM
((whynow))...I have been trying to gather information on a divorce while in Ohio prison. I have gotten advice from tell the inmate to go to the law library where they have divorce paperwork they can file...to there is no such thing that exists for inmates. Most the information I have received has been on both sides of the fence. My fiance is currently trying to divorce his wife, however we are all very friendly so we are trying to work on it from both sides, and currently as it stands for us...we can only file from the outside (meaning the wife will file). Because they have kids together, they can only file a divorce, not a dissolution because he would have to be present at the hearing for a dissolution which is required. If you find out any information, I would love to know too! Good luck because I am extremely frustrated.

Patrickj
06-12-2008, 09:09 AM
((whynow))...I have been trying to gather information on a divorce while in Ohio prison. I have gotten advice from tell the inmate to go to the law library where they have divorce paperwork they can file...to there is no such thing that exists for inmates. Most the information I have received has been on both sides of the fence. My fiance is currently trying to divorce his wife, however we are all very friendly so we are trying to work on it from both sides, and currently as it stands for us...we can only file from the outside (meaning the wife will file). Because they have kids together, they can only file a divorce, not a dissolution because he would have to be present at the hearing for a dissolution which is required. If you find out any information, I would love to know too! Good luck because I am extremely frustrated.

Ohio isn't one of the eaiser states on this type of issue let me dig through my files and search a couple of other places also. Send me a PM with county of residence (wife) please and I will see what I can do for you

whynow2007
06-12-2008, 06:51 PM
My son and his wife are both in Portage County and have been for several years. There are no children involved and I am not sure about the house. It is mortgaged for more than it is worth and he has her 4 kids so I would expect she would continue to live there. I would appreciate any help you can give on this. I was getting a POA and asked my lawyer about divorce and he didn't know squat about it. And I can't afford to have him research to find out if it is possible.

rcgray60
07-08-2008, 11:24 AM
DO ANYBODY KNOW WHAT PROCEDURES I HAVE TO GO GET A DIVORCE OR LEGALLY SEPARATION IF I WAS PROXY MARRIAGE.

PLEASE HELP DESPERATE:mad:

PS I LOVE MY HUSBAND VERY MUCH, BUT RIGHT NOW HE IS ON DRUGS REAL BAD SO THE ONLY WAY OUT IS THROUGH THIS I WISH I COULD HELP BUT HE IS IN HIS OWN WORLD OF DRUGS:mad:

Patrickj
07-08-2008, 12:40 PM
DO ANYBODY KNOW WHAT PROCEDURES I HAVE TO GO GET A DIVORCE OR LEGALLY SEPARATION IF I WAS PROXY MARRIAGE.

PLEASE HELP DESPERATE:mad:

PS I LOVE MY HUSBAND VERY MUCH, BUT RIGHT NOW HE IS ON DRUGS REAL BAD SO THE ONLY WAY OUT IS THROUGH THIS I WISH I COULD HELP BUT HE IS IN HIS OWN WORLD OF DRUGS:mad:

Let me pull up some information for you on this matter. I will have to research proxy marriage but that won't take long. The divorce information should be about the same. PM with the county in which you reside so I can give you local rules on divorce also Are there any children involved in this marriage? Here is a start out link for you this link is for without children
http://texaslawhelp.org/documents/clusters/TX/275/English/texaswithout.shtml

http://texaslawhelp.org/documents/clusters/TX/274/English/texaswith.shtml
The above link is with children
http://www.texaslawhelp.org/documents/clusters/TX/194/English/SP_EN_FeeWaiver.pdf
Fee waiver application (if you qualify)
if you need more directions PM me .

DollyDearest
07-09-2008, 01:37 AM
My husband has been having issues with drugs and the legal system for quite some time, and we have been separated for a couple of years. I had gone so far as to move out of our home with our son and my daughter, and get an injunction for protection against domestic violence (Duval County, FL). About a year and a half ago, the kids and I moved here to California so they could have a better life than a drugged out felon for a Daddy and a trailer in a swamp, and we could be close to family that wasn't trying to kill me and kidnap our son. =/ I have considered myself a single mom with two small children for far longer than he and I have been separated, and I would like my legal marital status to reflect that. (Sucks being married for 4 years and never really having a husband. ha.)

Anyhow, he was just recently involved in MORE drama in Duval Co. where he might be locked up for another couple years. This is wreaking havoc on my mental state, and I have asked him to try and file for divorce while in jail (as I hear, like many others here, that he can file for divorce for free/cheap). Is there any information I could pass onto him to make it easier on him? I know he still cares for me and loves the kids. I wouldn't dream of keeping him from the kids (he's done that himself) once he is rehabilitated.

Is there any information that anyone could share regarding filing for divorce from Duval County, FL, and leaving family court issues unsettled until he is released?

If it matters at all, we were married in Charlton County, GA, and I am now residing in Riverside County, CA. ~Thank you! =)

free tony
07-09-2008, 11:19 AM
Does the inmate need to file for divorce in the state where he's incarcerated, or the state of his legal residence?
hi i think you have to file with legal address.good luck

Patrickj
07-09-2008, 11:32 AM
My husband has been having issues with drugs and the legal system for quite some time, and we have been separated for a couple of years. I had gone so far as to move out of our home with our son and my daughter, and get an injunction for protection against domestic violence (Duval County, FL). About a year and a half ago, the kids and I moved here to California so they could have a better life than a drugged out felon for a Daddy and a trailer in a swamp, and we could be close to family that wasn't trying to kill me and kidnap our son. =/ I have considered myself a single mom with two small children for far longer than he and I have been separated, and I would like my legal marital status to reflect that. (Sucks being married for 4 years and never really having a husband. ha.)

Anyhow, he was just recently involved in MORE drama in Duval Co. where he might be locked up for another couple years. This is wreaking havoc on my mental state, and I have asked him to try and file for divorce while in jail (as I hear, like many others here, that he can file for divorce for free/cheap). Is there any information I could pass onto him to make it easier on him? I know he still cares for me and loves the kids. I wouldn't dream of keeping him from the kids (he's done that himself) once he is rehabilitated.

Is there any information that anyone could share regarding filing for divorce from Duval County, FL, and leaving family court issues unsettled until he is released?

If it matters at all, we were married in Charlton County, GA, and I am now residing in Riverside County, CA. ~Thank you! =)


You could file here in Calif. Riverside county yourself not knowing you financial situation there is an application for a fee waiver here in Calif. also. Do you meet the residency requirements to file in Calif.? Have you lived in Calif 6 months? The last three months in the county in which you reside now ? I have a link that will walk you through the divorce process for Riverside County. I can also get you all the forms that you will need to file if you want to do it that way. Should say I can provide you with the links for the forms. All forms and information are free for you. The only thing you must do is fill out the forms step by step and follow the directions to each forms they are written. Failure to follow each step will result in rejection of your divorce petition process.
We can discuss more of this in private, because there are some things I will ask that don't need to be put in an open forum. If you would rather have your husband file the divorce from Florida I can direct you to the forms needed to do that also. Let me know what route you want to take care of this situtation

free tony
07-09-2008, 11:34 AM
How long has he been incarcerated? What parish is he in now, and what parish were they married in?

I've been looking over the Louisiana Rules and have never seen a bigger mess. It would help me nail down some answers for you if I knew what district the divorce should be filed in.

You could also try calling the Louisiana State Bar Association and ask them if there is a standard petition form for divorce. If there isn't, he'll have to do his own. He could go to the prison law library for a sample I believe.
hi i am new in here just wanted to say hi.

free tony
07-09-2008, 11:37 AM
I spoke with my man regarding him going to the law library to get the forms. He found out that another inmate is hoarding them and wants to be paid before he gives out copies! My man said he's gonna do something about that this morning. On another note, his wife has been avoiding his family members because they are trying to find out her information for him to file the paperwork. Well last night the FEDS went to her apartment and arrested her and her new man on several charges. I feel bad for her kids (none of which are his) but at least she can't run any longer!!! :D
i just wanted to say hi i am new.the kids are always the ones paying the price for their parents mistakes.

Patrickj
07-09-2008, 11:39 AM
Feee Tony
HI and welcome aboard I hope you enjoy your visits to the board. Looki around plenty of good information as well as good people here

free tony
07-09-2008, 11:40 AM
Is there a wisconsin.gov website that lists inmates divorces? or divorces in general?
i just wanted to say hi i am new.i dont know of any websites for divorce sorry

lilithinwaiting
08-12-2008, 04:34 PM
I have a question. My husband already filed the petion for divorce from prison, the court house has it. He sent me the waiver, I had it notarized but did not see an address to send it to so sent it back to him . Ofcourse, I found the letter with the court house and address on it and he did not send it back or send it on. So, is there a way that I can just get the waver FREE and get this done?

Thank you!

Hel_hel
08-13-2008, 12:13 PM
This is a fact of the life.....
so please correct your mistake..

trutxcntrygrl
08-17-2008, 08:50 PM
I got married to an inmate in Texas in May 2005, he was released in July 2005 and in August 2005 we seperated. I have been trying to get the divorce done ever since, at first he wouldnt sign the papers, then someone told me about the free divorce. Well I have been looking into it but cannot find a lot of information regarding this. I recently found out he is with someone and he is ready for the divorce now too. However, he is jail in Georgia and was just sentenced to 1 yr. I am with someone new and we want to get married but must get the divorce taken care of first. I am living in El Paso, Tx and I really cant afford to pay the 300 dollars and would LOVE to get the free divorce. Can someone please help me and tell me what I need to do or where to go to get help.

JaKris
08-19-2008, 01:35 PM
My ex is in a virginia city jail but is doing state jail time. Does anyone know how to het the divorce in this situation?

Patrickj
08-20-2008, 12:15 PM
I got married to an inmate in Texas in May 2005, he was released in July 2005 and in August 2005 we seperated. I have been trying to get the divorce done ever since, at first he wouldnt sign the papers, then someone told me about the free divorce. Well I have been looking into it but cannot find a lot of information regarding this. I recently found out he is with someone and he is ready for the divorce now too. However, he is jail in Georgia and was just sentenced to 1 yr. I am with someone new and we want to get married but must get the divorce taken care of first. I am living in El Paso, Tx and I really cant afford to pay the 300 dollars and would LOVE to get the free divorce. Can someone please help me and tell me what I need to do or where to go to get help.

Let you pull up what I have on divorce in Texas I have most forms (form packets) and will give you a fee waiver to apply for also. If you could PM me with what county you reside I could check for any local rules of court that may appl;y in family matters.
Once I pull up my information I will PM you the links to said form packets .
You should also read up on service of the papers on the respondent (your ex) few ways this can be done in Texas. I will be in touch . I haven't been here much due to medical issues sorry fror the delay in responding

lowkeyfinest24
08-20-2008, 10:28 PM
I am trying to divorce my husband, he is in TDCJ and i need assistance i can't afford to get an attorney do anyone knows how to help me.

Patrickj
08-26-2008, 12:01 PM
I am trying to divorce my husband, he is in TDCJ and i need assistance i can't afford to get an attorney do anyone knows how to help me.


Start here if you don't have any chidren in this marriage use the second link below, third link is for fee waiver these are for Texas only and not for Travis County in Texas
http://www.texaslawhelp.org/documents/clusters/TX/274/English/texaswith.shtml
http://www.texaslawhelp.org/documents/clusters/TX/275/English/texaswithout.shtml

http://www.lawhelp.org/documents/271501SP_EN_FeeWaiver.pdf?stateabbrev=/TX/

blaqstn
08-27-2008, 08:24 AM
My ex is in a virginia city jail but is doing state jail time. Does anyone know how to het the divorce in this situation?

Jakris I am in the situation as you do you have information to share? please let me know thanks

samanthasayre
09-03-2008, 02:18 PM
hi, my bf is trying to file for a divorce in alabama.. he's in draper. i have tried every outlet to get him the info, but he doesnt' know how to draw up the paers or what papers he needs, if anyone has any info or anything that could help, please god pm cuz ive called so many people and all the circuit clerk and still have zilch. if anyone has blank divorce templates for alabama. please pm me.... thank you

BrinaM
09-07-2008, 05:25 PM
Thank you!