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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default How To Divorce An Inmate

    My question involves divorce in the State of: Georgia

    I need to divorce my husband, just convicted to serve sentence. He will be leaving jail for prison across the state at any time. We can't have any contact so I can't work out details of divorce, etc. I think he will not try to challenge a divorce. We have one teenage son. How hard is it going to be to get uncontested divorce? Is that even possible in this situation? I can't afford to hire an attorney. I called legal services and was told they don't handle divorces. Once he leaves, will it be harder to get this done? I don't know what to do or where to turn. Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How To Divorce An Inmate

    Your best option is to get a divorce attorney and proceed from there.

    Not one here can tell you whether or not it will be difficult to obtain a divorce - we don't know the specifics of your situation or whether your husband will or won't contest the complaint.

    There are do-it-yourself divorce services, but most of those require contact between the spouses.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How To Divorce An Inmate

    You can file for divorce and have him served, whether in prison or (if you move quickly) before he leaves jail. Whether or not he contests the divorce? That's not something I can anticipate. He will be in a poor position to fight the divorce, and will be in no position to claim custody.

    Here are some potential sources of legal assistance.

  4. #4
    Join Date
    Jun 2007
    Posts
    636

    Default Re: How To Divorce An Inmate

    Yes you can do this. I see it daily at work. My suggestion is obtain a lawyer. It will be the easiest way to do this.

    You get the paper work, have him served. Depending on the Policies of the Prison he is going to will depend on how he will be served.

    After he gets to his designated prison. Contact that prison and ask them how to serve him with divorce papers. They will tell you there process.

    I do not understand why you can not have contact with him once he is in prison though. If you mean that your contact will be limited you are correct. But he will be able to call and write as will you be able to write him. You will also be able to visit him while he is incarcerated.

    I know you are most likely not wanting to do that. But I was just letting you know this. Unless there is a No Contact Order from the Court.

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