my husband is in prison. we have no children. can i file uncontested divorce without an attorney. just get th forms at the court house and fill it up and file it and just pay for the court fee. i bought a house with his name 3 months ago while he was in prison.
2007-05-30 10:14:50 · 8 answers · asked by crislelesh@sbcglobal.net 1 in Family & Relationships ➔ Marriage & Divorce
Yes, you can. You already know how. I don't understand why you had his name on it...couldn't be for his credit rating? Or, you just had a change of mind? Whatever the reason, in some states you need to be separated for a year prior to filing ANY TYPE of divorce. The packet you get at the court house will have all the info you need. If not, call and ask them.
You need to make sure he signs off the house as a stipulation or agreement that is incorporated into the divorce. If not, you will owe him 1/2 the value of the house at the time of the divorce. PRAY THAT HE DOES NOT RESPOND TO THE SERVICE HE RECEIVES AND THE DIVORCE WILL GO THROUGH AS A DEFAULT.
IF HE DOES CONTEST, seek an attorney immediately!
I wrote my divorce in Maryland with no trouble; however, we had a seperation agreement in place prior. I just walked a friend through his being served and he did not like what she had to say, he went to a lawyer and to answer her only cost $250. Good Luck.
2007-05-30 10:31:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You may want to see if the area you live in has a Pro Se resource center for people fling for divorce without an attorney. They can help with the paperwork that you get from the court. You might also spend a little money (3-400) and get advice from an attorney without hiring one for the entire case. The house is clearly the biggest issue and you need to get that in your name. By the way, some states make it a pain to serve papers on people in prison so check with the prison system for the right way to do it.
2007-05-30 11:50:28 · answer #2 · answered by buffsblg 2 · 0⤊ 0⤋
Do the divorce without the attorney. Why would you put the house in his name? Is he doing life? What if he gets out and starts trouble cuz his name is on the house? I would ask a lawyer about the house.
2007-05-30 10:20:03 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yeah! My Ex and I did this about 15 years ago. What we were told by the court was this: As long as both parties are in agreement and there is no evidence of coercion, the court is just a witness to the agreement. If there are children, the court will examine the agreement more closely to ensure the children are being treated fairly, being provided for, get adequate time with each parent, etc etc. Biggest question is ; do you trust each other to honor the agreement? I had physical custody of our 2 kids and not only drove halfway to her city to ensure visits as scheduled but also volunteered to do it as often as she wanted when it wasn't scheduled. She always paid support out of her pocket and I never doubted that she would do so. You have to do what's best for the children and leave the personal feelings toward each other out of it. One other thing though: You need to check the laws for your state. Some states allow this - - others do not.
2016-05-17 06:42:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sure can and it sounds like youre wellon your way. One thing though, I hope that just because hes in jail, you think he cant contest it because he will be served and a chance to talk to an attorney available to the prison. Good luck
2007-05-30 10:21:58 · answer #5 · answered by Arthur W 7 · 0⤊ 0⤋
Yes. But if it becomes contested down the road, get a lawyer
2007-05-30 10:19:22 · answer #6 · answered by Dallas 2 · 1⤊ 0⤋
Whoooooooo.......... How did you buy a house in his name? You just recon you'll keep that for yourself since he isn't able to defend himself, huh? You better be very, very careful!
2007-05-30 10:23:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
here is a good site for divorce info.
http://allsolutionsnetwork.com/AJ/AJ63532
2007-05-30 10:26:34 · answer #8 · answered by tonedog9er 1 · 0⤊ 0⤋