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As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.

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You are here:  Experts > Parenting/Family > Step-Parenting > Divorce Issues > filing the divorce while he is incarrcerated.

Divorce Issues - filing the divorce while he is incarrcerated.


Expert: Equality in Marriage Institute - 7/23/2005

Question
I want a divorce from my husband who is in jail now and has been most of our marriage. I need to know if I file myself do I send a copy to the courts and to him at the same time, or do I need his signature first? We have no children and the has been a violent past from him.

Answer
Dear Kandy,

You will need to follow the laws of your state and their are a few ways to this- divorcesource.com, speak with a family law lawyer or contact your state bar association (you can find their site using google).

I am not a lawyer so I cannot say for sure, but it is my understanding that you fill out the forms and then your husband is "served". He will have a period of time in which to respond and it goes from there.

To learn more about divorce visit equalityinmarriage.org and aaml.org.

I hope this helps.

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