We got him a lawyer and wants to get divorced before he gets out. She's kind of crazy and has not answered the lawyers letters. She lives in IL and the lawyer says that if she does not reply there is nothing that can be done until he gets out. Is there anyway he can get divorced if she doesn't reply. They have a child together and he of course the lawyer has included the necessary for my brother to pay child support as soon has he gets out. As far as visitation the lawyer has it set to where they can agree to the dates, etc... The have no assets to split. There is nothing for her to contest. She just wants to make his life a bigger hell and not let him free. We know she has moved on and has a "boyfriend" (it's funny what you learn on myspace, lol) Anyway what can he do if she doesn't reply?
2007-09-17 11:42:27 · 4 answers · asked by el_al_or 3 in Family & Relationships ➔ Marriage & Divorce
Since this is a legal matter get another opinion
from another lawyer before you hire him. Any legal
proceedings for a divorce of a person that is in
prision , makes that person limited as to what
he or she can do. If he waits until he is out of
prison then he himself, with a help of the family
can get better results as he is able to move
around more freely and check on things himself.
If he can wait until he gets out, depends on how
long he is in for, and if not get a second opinion
from a different lawyer. Good luck.
2007-09-17 15:00:43 · answer #1 · answered by RudiA 6 · 1⤊ 0⤋
People don't HAVE to stay married. He may have to wait until he is released before he can file - I don't know about that. Being in different states will be an issue as well. The lawyer he is seeing is probably a criminal lawyer and not a divorce lawyer. When he gets out, I suggest he see a divorce lawyer and get the ball rolling. Until then, he may just have to wait..
2007-09-19 11:16:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your lawyer says nothing can be done that pretty well answers your question. I doubt anyone here has any more knowledge of the law then your lawyer. You hired and paid him to take care of this so why would you question his statement. I suppose you could always hire another lawyer and see if he says the same thing.
2007-09-17 11:56:32 · answer #3 · answered by K K 5 · 0⤊ 0⤋
should not be a problem for him to get divorced while in prison, he can get one on not having any contact with her anyhow, what I would suggest is to get another lawyer if all he is waiting on is her to sign in my state if you don't sign that means little we have to wait one year and then it is granted anyhow
2007-09-17 11:53:21 · answer #4 · answered by billc4u 7 · 1⤊ 0⤋