They are not living together for the past 15 years and they both agree to get divorce but they don't know how to finalize it.
2006-08-14 16:17:31 · 6 answers · asked by LaChica P 1 in Family & Relationships ➔ Marriage & Divorce
If they were married in the United States, then it has to be done here. The easiest way to do this is for the paperwork to be filed in the county the husband is incarcerated in ....as long as he's been in that county for six months or longer. Being that there are some obstacles for him to overcome (getting it notorized, filing fees, etc), the wife is going to have to take care of all of this. You can pick up the forms to file Pro se (without an attorney) from just about any website. It would be best to look up the ones for his state as the heading will already be on them. To sum this up:
1.) someone has to download the forms from the state website in which the husband resides.
2) Wife is going to have to be the petitioner so that she can have the papers notarized and served to him in prison.
3) A court date will be set for them to appear. It's not mandatory for the husband to be there due to his unfortunate incarceration.
4) A waiting period is allowed and another court date set for the final granting of judgement of divorce.
2006-08-14 16:28:47 · answer #1 · answered by Hollynfaith 6 · 0⤊ 0⤋
The prisoner is lying or stupid (hence the reason for incarceration). He has more legal help available to him because he is behind bars than some on the streets of America. All he has to do is fill out the necessary legal forms available at the Warden's office and mail it to her. Pert Rico is a U.S. territory subject to the same federal laws as anyone in Maine. If she doesn't sign them and send them back, I certain the divorce will still carry on. After all, what does he have to lose or does she have a good financial footing to where it is cheaper to keep him in his place? She may have to pay him a stipend or settlement to which the State of Maine may confiscate towards the cost of his incarceration.
2006-08-14 23:32:21 · answer #2 · answered by ricosuarve 3 · 1⤊ 0⤋
Either party can file in their place of residence - either Puerto Rico or Maine. Whichever is easiest. Send divorce decree to hubby marked "legal mail" and have him sign. Then file with clerk in Puerto Rico. It is pretty simple. Call the clerk of court's office in the area where you plan to file and they can likely direct direct you to a clinic where you can get the proper forms to file without and attorney -- "pro se".
2006-08-15 00:16:11 · answer #3 · answered by Mos 3 · 0⤊ 0⤋
The divorce papers can be sent to him in prison for signature and returned if money is sent to cover the cost. Contact the warden's office at the prison about details.
2006-08-14 23:32:12 · answer #4 · answered by mr conservative 5 · 0⤊ 0⤋
The wife doesnt have to be present during a divorce just so she is served the papers.He can divorce her here.Its a usa marriage.So puerto rico doesnt matter.I think thts the way its done .,my friend was divorced and not present.
2006-08-14 23:32:52 · answer #5 · answered by jessy 3 · 0⤊ 0⤋
By her going to court and filing the paper work.
2006-08-14 23:27:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋