View Full Version : How can inmate file for divorce


blueyz4him
04-26-2008, 08:14 PM
How can inmate file for divorce if they aren't available to appear in court as required by county? Please help!

metro3480
04-27-2008, 04:55 AM
They can give their Power of Attorney to someone and that person can appear in court for them.

smallngood
04-27-2008, 08:01 AM
What Metro wrote is correct- -all they have to do is go to the law library and get all the paper work done and have a person with power of attorney go to court for them. Not really a hard procedure to do inside.

blueyz4him
04-27-2008, 10:11 AM
Hey can that "person" be the girlfriend or is that not kosher and to be questioned by a court? We had already discussed the POA as for as me taking care of some other business for him, so that would serve both purposes well.

ReggiesLady
04-30-2008, 01:26 PM
If you have a POA it doesn't matter WHO he let's act on his behalf as long as it is legit. The only problem I see with the POA's is when they are not notarized judges tend to question them a little more. TDCJ does not like to notarize anything. My husband tried at his last unit and the law library said they aren't allowed to do so anymore and must get permission from the warden. Of course, that never happened.

Blue- If you need help with forms etc, PM me. I'd be more than glad to help steer you in the right direction.

thirteen down
04-30-2008, 02:40 PM
He can request the court to be warranted to appear on his own behalf in court.

myaebonydiamond
05-07-2008, 03:10 PM
this is good to know.

metro3480
05-07-2008, 03:19 PM
If you have a POA it doesn't matter WHO he let's act on his behalf as long as it is legit. The only problem I see with the POA's is when they are not notarized judges tend to question them a little more. TDCJ does not like to notarize anything. My husband tried at his last unit and the law library said they aren't allowed to do so anymore and must get permission from the warden. Of course, that never happened.

Blue- If you need help with forms etc, PM me. I'd be more than glad to help steer you in the right direction.

Every unit has a Notary Public and they just have to drop an I-60 to the law library to get it notarized. There is also a state law that inmates do not have to have a POA notarized. I forgget the exact form they need to have accompany the POA if it is not notarized, ut someone will probably come along that knows.

RobinsMan
05-07-2008, 03:38 PM
It is called an unsworn declaration. It is supported by federal law as well as by Texas law. Here is a reference to Texas law: Texas Civil Practices and Remedies Code Chapter 132 - Unsworn Declaration (http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.006.00.000132.00.htm#132.001.00). There may be instances where this may not suffice. If it will suffice then an inmates request for notary service might be denied. Here is the generic Texas form ...

"I, (insert name and inmate identifying number from Texas Department of Corrections or county jail), being presently incarcerated in (insert Texas Department of Corrections unit name or county jail name) in ______________ County, Texas, declare under penalty of perjury that the foregoing is true and correct. Executed on (date). (signature)"

After that header you simply write out or reference to what it is that the inmate is declaring.

blueyz4him
05-07-2008, 06:45 PM
Thanks a bunch for all of the information...

smyles78
06-02-2008, 03:21 PM
I actually need to do the same thing & my honey is at Gurney. They said they'd notarize the POA but that they don't have the divorce paper work any longer. I'd have to send it to him and have him fill it out, get the POA done and I'd have to go stand in at court....I think I don't really know if all that's correct, that's just what I'm gathering.

BrandNewGirl
06-04-2008, 04:30 PM
Go to www.texaslawhelp.org and you can find the paperwork to send to him. On the home page there, on the left side, you go to "Family Law and Domestic Violence" and then follow from there to get papers.

Nance

smyles78
06-09-2008, 03:08 PM
So I think I've made some progress. We are trying to find information that my baby paid in 1999 $3k to file the divorce and there's no divorce filled so we are having to start from scratch.

Thank you for the link, I printed off the papers I needed, got the affidavit of inability to pay cost (I'll pay the filing fee if necessary, however, if I can save some money that I can send him or better yet use to put gas in my car to visit him that'd be a better use of the money I think...am I being selfish thinking that way) and will need to get the final custody papers on his Daughter form the county court house, then I can mail it off for him to fill out.

I have learned from you wonderful people that he'll also need to give me POA. I don't know what I'd do without PTO! Thank you all so much and I'll keep you updated.

dolphin74
09-30-2008, 08:25 PM
My man is at Donovan and he needs to file for divorce. He married back in 2004 to get a Visa for his girlfriend. If I understand correctly he can go to the law library there and get the paper work. They have 2 children together. Can I start the paperwork for him? Is this a hard process?

thirteen down
10-01-2008, 06:59 PM
He can also request to be bench warranted back to court to speek on his own behalf.

lovergirl92
09-15-2009, 07:21 PM
My boyfriend is in Indiana state prison and his wife want's a divorce. What does he have to do to file.

michaelsquest
09-27-2009, 04:56 PM
my husband wants to devorce me while I am in the Plane State Jail...in Dayton, Texas...He arranged a confrerence call between himself, his attorney and a Judge..to me..at the prison...I had no prior knowledge of his intentions.....It was difficult to hear with all the prison chatter around me...and finally the Judge chose to Continue at some later date....????What can I do...to continue until I complete my two years for drug possession.???/ Are there resources available ....as I have no money..or funds to employ an attorney....and my aged..father ...is broke after trying to help me during the court procedings....of 2009????

WaitingforPapi
09-30-2009, 03:57 PM
WOW, I wish I had known about this site a few years ago!! It would have saved me $2500 getting my divorce. ;) Anyway, good luck to anyone going through this process.

perikita
08-20-2010, 06:27 PM
Hi does anyone know how the court fees are>?

MoMo
08-20-2010, 10:51 PM
If a inmate files for divorce and has no money on his books then it won't cost anything. When my exhusband and I divorced that is how it was handled. I did have to go to court and follow through with it, once person has to be present or the court wont see it.

Suaveeito
10-11-2013, 12:29 PM
I need help for a friend that is new into tdcj wants to file for a divorce from his wife. he is indigent. has no clue
where or how to get the paper work or if I could print it online mail to him.
hes broke,has no free world property to divide, was living in Tarrant county (ft worth) before going to prison so was his wife, witch has now moved out of state to ohio with the children
Any help to a link with paper I could print for him and a how to do it instruction would be greatly helpful thank you

satx18
10-11-2013, 07:06 PM
I need help for a friend that is new into tdcj wants to file for a divorce from his wife. he is indigent. has no clue
where or how to get the paper work or if I could print it online mail to him.
hes broke,has no free world property to divide, was living in Tarrant county (ft worth) before going to prison so was his wife, witch has now moved out of state to ohio with the children
Any help to a link with paper I could print for him and a how to do it instruction would be greatly helpful thank you

You might try this link http://texaslawhelp.org/diy-forms-printable There are divorce forms listed (specify with or without children) and even an Affidavit of Indigency (Fee Waiver) (http://texaslawhelp.org/resource/affidavit-of-indigency-1) and an Unsworn Declaration (http://texaslawhelp.org//resource/do-it-yourself-court-forms-free/download/2C9FFE5B-1007-4596-9283-D2853A0DF73B.pdf). I'm no attorney so I can't be sure these are what he needs or acceptable in his county, but I know someone else who requested these forms for their filing.

Hope this helps.

092913
06-25-2014, 05:05 AM
What if an inmate wants to file for divorce while incarcerated, but knows his wife will contest? There are no real assets to divide and no children involved. How are negotiations worked out in this situation?