Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #826  
Old 11-04-2018, 09:53 PM
Billys_Lady's Avatar
Billys_Lady Billys_Lady is offline
Billy's Sweetheart
 

Join Date: Dec 2017
Location: Amarillo, TX
Posts: 1,356
Thanks: 402
Thanked 189 Times in 97 Posts
Default

My fiancé needs to file for divorce from his ex. He has not seen or heard from her in over 6 years? He nor anyone in his family have any idea where she is? He is currently in TDJC, and has sent in I-60 in for information on filing but that was a while ago and has had no response. Does anyone know how he would go about getting this done, so we can move forward with our own marriage?

I just recently moved to Texas myself to be with him, and will be able to file for my own divorce here as early as February, and we wanted both to be done at least by the same time so we can marry next year.

Thanks!
__________________
Reply With Quote
Sponsored Links
  #827  
Old 11-05-2018, 05:36 AM
LaDeanaB LaDeanaB is offline
Registered User
 

Join Date: Mar 2013
Location: Arkansas USA
Posts: 32
Thanks: 23
Thanked 6 Times in 6 Posts
Default

Quote:
Originally Posted by Billys_Lady View Post
My fiancé needs to file for divorce from his ex. He has not seen or heard from her in over 6 years? He nor anyone in his family have any idea where she is? He is currently in TDJC, and has sent in I-60 in for information on filing but that was a while ago and has had no response. Does anyone know how he would go about getting this done, so we can move forward with our own marriage?

I just recently moved to Texas myself to be with him, and will be able to file for my own divorce here as early as February, and we wanted both to be done at least by the same time so we can marry next year.

Thanks!
It really depends on if there's children involved in most states but in my sons case we already had the guardianship through the court. So It was a no brainer pretty much. If you'd like P.M me I don't mind sharing his case. If you could give me specific info in the PM I can possibly type up the petition as well as any order hed need a judge sign to continue in forma pauperis. As I said some free legal aid forms state you can't use them If you have children, so that's why I mentioned I could type up needed petetions.
Reply With Quote
The Following User Says Thank You to LaDeanaB For This Useful Post:
fbopnomore (11-05-2018)
  #828  
Old 12-03-2018, 05:42 AM
Eimantas1989 Eimantas1989 is offline
Banned
 

Join Date: Oct 2018
Location: NJ
Posts: 5
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I bet this is a very common thing out there..
Reply With Quote
  #829  
Old 04-03-2019, 10:33 AM
marcialewis marcialewis is offline
Registered User
 

Join Date: Apr 2019
Location: Texas, USA
Posts: 3
Thanks: 1
Thanked 0 Times in 0 Posts
Unhappy Divorce In Texas

My son has a common law wife listed on his visitation list and she is listed in the family section. They were never married, didn't even live together. She refuses to sign any type of divorce paperwork "she doesn't want it on her record". She has not been to see him in over two years but the unit classifications will not remove her without divorce papers. Our lawyer said that he would send a formal letter to unit classifications and to Huntsville stating that they were never married and she is willing to sign this. My question is will it get her removed from his list or will we be just wasting money and making them mad.
Reply With Quote
  #830  
Old 04-03-2019, 11:02 AM
Patrickj's Avatar
Patrickj Patrickj is offline
Moderator

PTO Moderator 

 

Join Date: Aug 2006
Location: Atwater CA. USA.
Posts: 2,696
Thanks: 2,420
Thanked 2,571 Times in 1,130 Posts
Default

Quote:
Originally Posted by marcialewis View Post
My son has a common law wife listed on his visitation list and she is listed in the family section. They were never married, didn't even live together. She refuses to sign any type of divorce paperwork "she doesn't want it on her record". She has not been to see him in over two years but the unit classifications will not remove her without divorce papers. Our lawyer said that he would send a formal letter to unit classifications and to Huntsville stating that they were never married and she is willing to sign this. My question is will it get her removed from his list or will we be just wasting money and making them mad.
I went a pulled up SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

. Here is what it says I also suggest that you review the Texas Family Code for more detailed information on this type of matter: To dissolve a common law marriage you will still need to file a divorce proceeding If they have been together less then two years there is no common law marriage If more then two years together then they must file a divorce case. Please review the Texas Family Code, There are other sections in the Family Code that may come into play by either party if this is a true "Common Law Marriage"

SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under Section 2.402.
(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.

__________________
Be a friend to everyone,never know when you may need their help

Last edited by Patrickj; 04-03-2019 at 01:03 PM..
Reply With Quote
  #831  
Old 04-03-2019, 02:54 PM
marcialewis marcialewis is offline
Registered User
 

Join Date: Apr 2019
Location: Texas, USA
Posts: 3
Thanks: 1
Thanked 0 Times in 0 Posts
Default

Thank you, they never lived together. He was married at the time he was incarcerated. As a matter of fact, he got his divorce papers served to him at the unit. Thank you for the information, it gives me something to talk to our lawyer about.
Reply With Quote
  #832  
Old 04-03-2019, 03:36 PM
Patrickj's Avatar
Patrickj Patrickj is offline
Moderator

PTO Moderator 

 

Join Date: Aug 2006
Location: Atwater CA. USA.
Posts: 2,696
Thanks: 2,420
Thanked 2,571 Times in 1,130 Posts
Default

Quote:
Originally Posted by marcialewis View Post
Thank you, they never lived together. He was married at the time he was incarcerated. As a matter of fact, he got his divorce papers served to him at the unit. Thank you for the information, it gives me something to talk to our lawyer about.


Married at the time of incarceration ? If it is to a different person no common law marriage is in place and said individual mentioned in prison visiting records should have never been listed as a wife what so ever. Some how the common law marriage had to be brought to the departments attention for it to be listed in any kind of prison records.
__________________
Be a friend to everyone,never know when you may need their help
Reply With Quote
The Following User Says Thank You to Patrickj For This Useful Post:
sidewalker (04-04-2019)
Reply

Bookmarks

Tags
divorce, illinois, nevada, nevada divorce, potter cnty divorce, refiling for divorce, tx divorce

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 08:35 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics