How To Get Divorced From A Spouse Who Is In Prison

[jlmailey@yahoo.com]

Since knowing my husband hes been in trouble over and over...mostly minor actions like driving on a suspended license. Everytime he was arrested i bailed him out, hung out in court, etc. After we were pregnant w/ our son he got in trouble again and was on house arrest..i still stood by him. We seperated 7 months after marriage..we lived in Rhode Island and I couldnt afford to stay and moved here to Idaho to stay w/ my mom. I eventually moved out and now live on my own with my 18 mon old son. Eventually he moved out here and stayed for 3 months when he had to fly back to RI, because he didnt legally transfer his probation...during which time he was arrested again for breaking and entering and is currently serving a year in jail..since July. Hell be out in July and will have 9 years of probation to serve which in Idaho is a huge process and dont want to put myself or my son throughit. Im at my wits end with him and am ready to file for divorce. I dont make a lot of money so i need to know the best way to do this and whats the process since hes in prison in Rhode Island. I dont want him to come back here, which wont be hard to avoid cause he wont have a job or funds for the ticket. I would hope the courts would grant me custody of our son do to Davids record and that he has only been in his life for 5 months out of 18. Can anyone help me .. tell me what to do..Im really stressed out with the idea of filing and have no idea what to do...

[seniorjudge]

Hire a lawyer.

You can get a divorce.

[panther10758]

Hiring a Lawyer is good idea but I have seen it done without one in this very same type case. You go tocourthouse fill out paperwork have him served in jail. Now it is very unlikely prison will transport him to court for hearing or even allow him to appear via telephone. Make ytour request for custody and disolution of marrige. You should get all you request long as your not over demanding. I am not suggesting doing this without an Attorney is sloamdunk its not but its not that difficult either