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my husband has been in jail for 7 yrs now and he will not give me a divorce. Is there any way I can get one with out him?

2007-10-29 09:04:47 · 16 answers · asked by MARY N 1 in Family & Relationships Marriage & Divorce

16 answers

Yes you can divorce him based on the fact that he is in prison for maybe the remainder of your natural lives. That alone qualifies as a valid reason and he does not need to agree with anything. Write up your dissolution of marraige papers and have him served. Also check your state laws at http://www.divorcemag.com/forums/General_Discussion/Can_someone_in_prison_file_for_divorce_-3-4251-0-0/
to see if there is an easier way to go about this, like an anullment or something.

2007-10-29 09:17:20 · answer #1 · answered by Gena 4 · 0 0

Im not to sure but i think the courts will give you a divorce in this instance on the grounds that he is locked up for such a long time, however you don't say if you love him or not? Anyway we all have needs and i think its best to move on and make most of your life, we are only here once so go and enjoy :-)

2007-11-02 15:56:12 · answer #2 · answered by DAVID H 1 · 0 0

It should be no problem all you have to do is file the papers and have him served. I assume it will not be contested so it should be a pretty automatic thing. However, it may be best to have a lawyer take care of it to be sure all of your bases are covered. Maybe you could go to the State Department of corrections to see if they have suggestions or maybe even help available for you.

2007-10-29 16:25:41 · answer #3 · answered by K K 5 · 0 0

Yes, talk to a divorce lawyer for the details.

2007-10-29 18:35:01 · answer #4 · answered by Sweet Suzy 777! 7 · 0 0

Of course. Get a lawyer and petition the court for a divorce on the grounds of abandonment.

2007-10-29 16:14:08 · answer #5 · answered by Elana 7 · 0 1

I don't know what state your in?In Texas the state will help you get a divorce and if there are kids involved you will draw a check from the state.He has nothing to say about it.Check with your state.Good luck.

2007-10-29 16:09:25 · answer #6 · answered by notagain49 6 · 0 0

If he's incarcerated and simply refuses to sign the papers, get an attorney and have him/her petition the courts for a "no contest" divorce.

2007-10-29 16:15:52 · answer #7 · answered by Brutally Honest 7 · 0 0

No one has to "give you a divorce" these days and even if they didn "in jail" sounds like a damn good reason to me!

2007-10-29 16:15:15 · answer #8 · answered by Crazy in DC 2 · 0 0

If you haven't consulted an attorney, do so. It's rare for someone to be able to prevent a divorce from happening these days.

2007-10-29 16:08:15 · answer #9 · answered by . 7 · 2 0

a lawyer can best advise you, but I think in this kind of case if you file, you can get it based on his circumstances. Obviously I don't know for sure, but it sounds logical. Good luck.

2007-10-29 16:08:29 · answer #10 · answered by dinny's engaged!! 7 · 1 0

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