View Full Version : How to get a divorce if your husband is in prison in North Carolina


katvic
01-11-2011, 09:22 PM
does anyone know how to get a divorce from your husband if he is in prison in NC? my husband is serving 3-5 years for inflicting serious domestic and sexual violence against me and I want a divorce as soon as possible. any suggestions would be greatly appreciated.

JaydedDragon
01-11-2011, 09:40 PM
Doesn't NC have a legal aide program if you cannot afford it? Why would it be hard to divorce the man sitting in prison who did this to you? I would think any family lawyer would take the case. Pretty much open and shut.

Geauxin'KraZee
01-11-2011, 10:39 PM
I'm so sorry to hear how much you've been hurt! Try and contact the district attorney, he/she may be able to point you in the right direction. Good luck sweetie.

roysprincess
01-12-2011, 08:42 AM
Hi there - I would think it would be the same way anyone else files for divorce. You have your attorney draw up the necessary papers and have them served in prison. The only difference is the location - others are served the papers at home, but his would be served in prison.

I do know (from personal experience) that in order to file for a divorce, either spouse must have been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint. The divorce proceedings will be in the county where either party resides. [Based on North Carolina General Statutes, Chapter 50, Sections 50-3 and 50-8]

Good Luck to You!

Sunflower
01-16-2011, 05:11 PM
Welcome to PTO, do you have an attoryney if so then its easy just have him served in prison.
If you want to do it yourself then it allot of work but its possible. I divorced mine after he commited DV against me and my son, you have to start with a Divorce Packet and the clerk of court can help you. Everything has to be perfect or the judge wont sign.
Pm Me if you have any questions!!
Good Luck
Lisa

PS: You have to be seperated one year before you can file, and he doesnt have to be present!!

aherring
01-16-2011, 09:15 PM
I just went through the exact same thing last year. Go through legal aide in your county. You do have to be seperated for 1 year but then they will give you the papers you need to start the process and will guide you through it. You will have to take the papers to the county he is in to have them served or send them to that sheriffs department. You can send them certified mail but it has to be signed for and i knew my ex husband wouldnt. He is in for attempted murder...assault by strangulation on me so I understand where you are coming from. If you have any questions let me know. Stay strong and keep your head up!

Sunflower
01-17-2011, 08:51 AM
I just went through the exact same thing last year. Go through legal aide in your county. You do have to be seperated for 1 year but then they will give you the papers you need to start the process and will guide you through it. You will have to take the papers to the county he is in to have them served or send them to that sheriffs department. You can send them certified mail but it has to be signed for and i knew my ex husband wouldnt. He is in for attempted murder...assault by strangulation on me so I understand where you are coming from. If you have any questions let me know. Stay strong and keep your head up!

I was able to file in my county since im the plantiff, and certified mail is the only way to serve a prisoner and if you do return receipt then whoever picks the mail up will sign for it. You MUST have this to show the date because be will have 30 days to respond before you can put your case on the calendar.

Lisa

PS not trying to correct anyone just saying how I did it!

Sweet45
07-18-2011, 01:56 PM
If you have been seperated for a year then all you have to is file with a lawyer such as Legal Ade. legal ade is free to those who fit the thing like income,such. or you can fine a attorney who can do it Pro Bono. That is the way that I got mine but I was not married to an imnate. Good luck.