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-   -   Divorce in Prison (http://www.prisontalk.com/forums/showthread.php?t=155112)

Morrigan68 10-19-2005 07:27 AM

Divorce in Prison
 
Lately there have been quite a lot of "divorce from prison" questions in this forum. To that end, I am starting this thread and will stick it so there will be one thread dedicated to these questions.

All states have different procedures for filing for a divorce - keep in mind that it's no different whether someone is in prison or not. The best way to get the information you need is for your inmate to contact the clerk's office of the county they are in and request the paperwork and procedures. Some states will allow an inmate to file in forma pauperis (for free) while others do not.

Morrighan

shanesfiancee 10-21-2005 04:36 AM

I contacted the parish (Louisiana) Clerk of Courts and was informed that they do not have any forms that my guy can fill out to initiate his divorce. He is in a Federal Prison there. He was also married in Louisiana. Should I contact the parish where he is incarcerated? Please help!!!

Morrigan68 10-21-2005 06:52 AM

How long has he been incarcerated? What parish is he in now, and what parish were they married in?

I've been looking over the Louisiana Rules and have never seen a bigger mess. It would help me nail down some answers for you if I knew what district the divorce should be filed in.

You could also try calling the Louisiana State Bar Association and ask them if there is a standard petition form for divorce. If there isn't, he'll have to do his own. He could go to the prison law library for a sample I believe.

shanesfiancee 10-21-2005 11:04 AM

He has been incarcerated for 5 years. He was married in Rapides Parish and is incarcerated in Allen Parish. I am at my wit's end trying to get the ball rolling on this. I'll check with the Louisiana State Bar Association and see what I can find out.

Morrigan68 10-22-2005 07:19 AM

You can also try this website:

http://www.lawhelp.org/LA/index.cfm/...%20/LoggedIn/0

He should definitely file in Allen Parish since he will be considered a resident of that parish.

shanesfiancee 10-22-2005 08:35 AM

I've searched extensively through that particular website with no help whatsoever. Thanks anyway!

shanesfiancee 11-03-2005 09:19 AM

Update
 
I spoke with my man regarding him going to the law library to get the forms. He found out that another inmate is hoarding them and wants to be paid before he gives out copies! My man said he's gonna do something about that this morning. On another note, his wife has been avoiding his family members because they are trying to find out her information for him to file the paperwork. Well last night the FEDS went to her apartment and arrested her and her new man on several charges. I feel bad for her kids (none of which are his) but at least she can't run any longer!!! :D

NuBeginning 11-19-2005 04:20 AM

Here's a link to the California Divorce Instructions I previously posted.

http://www.prisontalk.com/forums/sho...ht=dissolution

shanesfiancee 11-19-2005 10:50 AM

Do you have any information regarding Louisiana? I was down there last weekend and when I visited the Parish Clerk of Court they acted as if I were speaking to them in another language. I then went to the library to see if I could find some forms but all they had was a copy of the civil code stapled to a larger hardcover book. This is beginning to give me a serious headache.

Quote:

Originally Posted by NuBeginning
Here's a link to the California Divorce Instructions I previously posted.

http://www.prisontalk.com/forums/sho...ht=dissolution


izellahbian 11-22-2005 11:12 AM

I need Kentucky's divorce requirements. I called the county clerk, got transfered to the jail, and then the jailer said to call the circuit clerk, and they told me to call legal aid. *giggle* So all in all I got no where. ha ha!
At this rate I'm going to have to hire a lawyer. *sigh*

sue6811 12-12-2005 12:56 AM

My ex-husband is in state jail in Dallas, Tx. He and I are getting remarried in 02/07 (what would have been our 15th wedding annniversary). Problem is he's married and needs a divorce. He doesn't get out until 11/06 and Dallas County is not where he got married. How can he get divorced without an attorney?

Rockhound 12-12-2005 06:46 AM

Is there a wisconsin.gov website that lists inmates divorces? or divorces in general?

bbEgyrl 12-12-2005 11:50 PM

well when my hubby was getting a divorce i hired the lawyer
this guy was so good and quick
i was very happy

i gave all the info to the lawyer who drew up the paperwork
they sent it to Man and Man signed them and sent them back
lawyers sent her the paperwork and she signed a waiver
then we got a court date, the lawyers office sent the transfer papers to the prison
(he had to be brought over only for one night)
we went to court and it was granted
all this took 1 1/2 months and was $660

QueenOfTheStarz 12-19-2005 06:21 PM

Filing for Divorce
 
what is the process for an Inmate to retrieve the proper paper work to file for a Divorce. I know I have heard that it only cost $1 for an inmate to file for the Divorce. My question is do we have to send them the paperwork to fill out then they can file through the prision?

shanesfiancee 12-19-2005 07:11 PM

I drew up my man's divorce papers and sent them to him to have them signed by a notary public and mailed off by him. I also sent him some papers called informa pauperis affadavit which states that he doesn't have any income to pay for his legal filings. Depending on what state you live in you can find blank forms and just fill in the necessary paperwork. I also have some blank forms I received when I purchased this book entitled "File Your Own Divorce." It was very simple for us because they had no property nor any children and they weren't required to wait the usual 6 months because of the laws in the state of Louisiana. Send me a private message and I may be able to be of further assistance to you.

Quote:

Originally Posted by QueenOfTheStarz
what is the process for an Inmate to retrieve the proper paper work to file for a Divorce. I know I have heard that it only cost $1 for an inmate to file for the Divorce. My question is do we have to send them the paperwork to fill out then they can file through the prison?


cjs girl 12-22-2005 09:46 AM

Does any one have info. on how to get a divorce in a NY prison?

kari05 01-03-2006 02:53 PM

works the same, only difference is he will be served in the prison and all paperwork signed there by him and notorized


Quote:

Originally Posted by cjs girl
Does any one have info. on how to get a divorce in a NY prison?


RonnieB 01-06-2006 09:49 AM

How do you obtain the forms for the divorce? I'm interested in the states of Mississippi and new York. Anyone have any info on this? I saw a packet at the Staples dept. for forms, are those forms good for every state?
Appreciate the help, thanks!

lostinluv 02-12-2006 10:43 AM

I am currently helping my man get his in California. His IS contested, she did respond with a different point of view on custody and she's asking for spousal support. (ha, ha) They were only together for about 2 weeks before they seperated 3 years ago! Nubegging has helped me tremendesly getting to this point. I just sent him the paper work to file a "Notice of Motion for Bifurcation" This is only to use if the respondant responds and dissagrees with any of the issues. It basically asks the court to end your marriage but reserve the decision on all other issues such as child custody, child visitation, child support, spousal support and property disputes. The only catch with this is they may schedual a trial to decide if bifurcation is the best way to go! In the paper work I explained that he is incarcerated and unable to attend a hearing and to the request of Order for Bifurcation by mail. I guess we will see what happens. I found a link for instucrions to do this, but at this time there web site is down. I will post the link at a later time.

lostinluv 02-13-2006 09:27 AM

Notice of Motion for Bifurcation
 
Instructions For
NOTICE OF MOTION FOR BIFURCATION

WHEN TO USE THIS PACKET
Use this packet only if the other party in the case has already
appeared
in your action by filing documents with the court. You can use this packet
to bifurcate (separate) marital status, while reserving all other issues. This
means that you are asking the court to end your marriage but reserve
decision on all other issues such as child custody, child visitation, child
support, spousal support and property disputes.


This link will direct you to the packet. (I believe that the procedure is similar at the differnt courts)


Crone 02-14-2006 09:40 PM

NH Divorce Procedure & Forms
 
And here is the web site for NH if you need to appear pro se for your divorce.
http://www.courts.state.nh.us/superi...help/index.htm

missinguinuc 02-19-2006 11:34 AM

My man wants a divorce.
 
I was wondering if anyone has any information on how to get a prison divorce in Tennessee.:confused:

Crone 02-19-2006 11:53 AM

Quote:

Originally Posted by missinguinuc
I was wondering if anyone has any information on how to get a prison divorce in Tennessee.:confused:

Try looking here: http://www.tsc.state.tn.us/geninfo/P.../parenting.htm

http://www.state.tn.us/humanserv/is/incomeshares.htm (re child support calculations)

I also went to their site search and searched for "divorce" and came up with this: http://www.tsc.state.tn.us/geninfo/P.../dtSearch.html

I hope this helps.

Daveswife 02-19-2006 08:17 PM

If the person incarcerated wants the divorce or is in agreement with it they just need to ask their councelors to get the paper work. It's a lot cheaper for them to do it.

Fantasysterling 03-18-2006 06:10 PM

MY FIANCE WANTS TO FILE FOR DIVORCE AND WE RESIDE IN NY. I WOULD LIKE TO GET INFORMATIN AS TO HOW HE CAN FILE AND WHERE OR WHO WOULD HE CONTACT HERE IN NEW YORK.

ONCE HE GETS THE INFORMATION AND PAPERWORK HOW MUCH WOULD IT COST HIM AND DO THEY TAKE THE PAYMENT FROM HIM BEING THAT HE'S INCARCERATED.

THANK YOU,
FANTASYSTERLING
:confused:


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