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  #126  
Old 07-23-2007, 03:45 PM
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is the informa pauperis also valid in Oregon?
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  #127  
Old 07-23-2007, 03:53 PM
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Originally Posted by lostangel143
is the informa pauperis also valid in Oregon?

Here are a few links for Oregon, if you don't find a answer I will look else where for you some information
http://www.ojd.state.or.us/index.htm
http://www.ojd.state.or.us/selfhelp/index.htm
Self Help
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/familylawforms.htm
Family Law
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  #128  
Old 07-24-2007, 09:05 AM
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Originally Posted by lostangel143
is the informa pauperis also valid in Oregon?

Here is a link for Waiver/Deferral of Fees and/or Costs, for Oregon
http://www.ojd.state.or.us/osca/cpsd/courtimprovement/familylaw/flpacket10.htm
see if this app;ies to your matter
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  #129  
Old 07-24-2007, 09:45 AM
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Patrickj, you are wonderful! where do you hide all this info!! Thank you!
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  #130  
Old 07-27-2007, 12:46 PM
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My man has been married since 1994 but seperated from her in 1996, so it's been ummmm about 11 years now. He has been down the past 2 years and I am trying to help him file his divorce so that we can get married. He was married in Arlington, VA and is in VA DOC. If someone would please give me some direction, I would certainly appreciate it. He will be home 3/17/08. Thank you!
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  #131  
Old 07-27-2007, 01:19 PM
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My fiancee has been in about 10 years now. His ex divorced him shortly after he went in. How do we find out where she filed in order to get a certified copy of the dissolution? She will not speak with him or anyone related to him. Please help!
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  #132  
Old 07-29-2007, 02:33 PM
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Originally Posted by 4Ever&100Days
My fiancee has been in about 10 years now. His ex divorced him shortly after he went in. How do we find out where she filed in order to get a certified copy of the dissolution? She will not speak with him or anyone related to him. Please help!

Your fiancee has no type of paper work from thi matter? You could check the county of her residency at the tim (if you know it) Let me dig a little for you might find soething state wide for you
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  #133  
Old 07-29-2007, 02:51 PM
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Originally Posted by Musrat
My man has been married since 1994 but seperated from her in 1996, so it's been ummmm about 11 years now. He has been down the past 2 years and I am trying to help him file his divorce so that we can get married. He was married in Arlington, VA and is in VA DOC. If someone would please give me some direction, I would certainly appreciate it. He will be home 3/17/08. Thank you!

Here is a link to the Code of VirginaTitle 20 - DOMESTIC RELATIONS,Chapter 6 - Divorce, Affirmation and Annulment This will give you an idea of the laws pertaining to domestic realationships and some of the guidelines for filing for divorce
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC20000000006000000000000
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  #134  
Old 08-02-2007, 02:31 PM
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My boyfriend has been incarcerated since 2005. He and his wife were seperated before he even got locked up. He said that he wants a divorce from her. They have a child together and she has since had two more children which aren't for him. What can he do to start the divorce process and do i need to do anything to help this along? He is at the Hightower Unit in DAyton, TX. His wife resides in a Texas town as well. We have her address but not her apartment number. Please help!! Thanks!!
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  #135  
Old 08-04-2007, 09:49 PM
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Default Divorce from Prison in Texas with child involved

Greetings to all! My brother is incarcerated in a Texas FCI and we are in need advice on getting a divorce while he is incarcerated. From reading other entries on PTO, I see that he may be eligible for a fee waived filing, great! The issue is that there is a minor child involved and we are both concerned about custodial rights. I was told by an attorney some time ago that joint custody could be granted with the father being absent as long as the mother agreed and that someone, like myself or the grandmother would be granted the visitation until the father was released. Any advice, direction, or information would be greatly appreciated, and soon!
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  #136  
Old 08-16-2007, 12:26 AM
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Default Arizona divorce from prison

He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can anyone help?
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  #137  
Old 08-16-2007, 12:27 AM
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He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can you help?
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  #138  
Old 08-16-2007, 05:28 PM
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Quote:
Originally Posted by waitininaz
He got all of the paperwork from another inmate and has it filled out but is hesitant to file because he does not have an address for the soon-to-be ex...He actually filed before incarceration and it got dismissed because of the same reason and he ran out of time trying to look for her. I have found information online that she was arrested in Tucson and now has a warrant for failure to appear and the court's mail has been returned to them. If he files, what does he use for her address - and what will happen when she is unable to be located and he can't publish anything in the newspapers? Will it be dismissed again or is there another way to get a default divorce? Can you help?
You need to look under the family laws of your state for other was of service. With out and address your paper work will be rejected. As far a public notice I am not sure how it works in AZ. Some state the judge must grant the motion for public notice after all avenues of service have been tryed. Check with some of the legal aid providers in your state also on different ways of service of papers.
Here is a link to the Family Laws of AZ. Start at chapter 3 and read the sections that may apply
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=25
If you can't find what you are looking for get a hold of me and I will see what I can find for you also check thte county court web sits for local rules about this type of matter
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  #139  
Old 08-22-2007, 05:44 PM
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Default Divorce help in Gowanda, NY

Hi there, this is my first post so I hope I'm doing this correctly! My boyfriend is in Gowanda, NY & has been separated from his wife for 10 years. They do have a daughter who is 16 & lives with her. They live in Newburgh, NY. I'm trying to find out how to obtain the correct forms including to apply to have the fees waived. If you can direct me to the right place to start this process I would be grateful. Thanks!
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  #140  
Old 08-23-2007, 02:04 PM
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Hi there, this is my first post so I hope I'm doing this correctly! My boyfriend is in Gowanda, NY & has been separated from his wife for 10 years. They do have a daughter who is 16 & lives with her. They live in Newburgh, NY. I'm trying to find out how to obtain the correct forms including to apply to have the fees waived. If you can direct me to the right place to start this process I would be grateful. Thanks!

This link will provide you with the forms you will need
http://www.courts.state.ny.us/ip/mat...rs/forms.shtml

Here is a links to the laws on domestics for New York I have two links they both are the same but one is eaiser to use (for me)
http://caselaw.lp.findlaw.com/nycodes/c29.html

http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS
click on the DOM (Domestic Relations )

Any other questions just get a hold of me. Do what I can to assist
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  #141  
Old 08-24-2007, 11:55 PM
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This information is for waitininaz who doesn't know where the soon-to-be-ex is at:

Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks (1) in a newspaper published in the county where the action is pending, and (2) in a newspaper published in the county of the last known residence of the person to be served if different from the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, to that person at that person's place of residence. Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of the publication and mailing, and the circumstances warranting the utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the party being served is unknown, and for that reason no mailing was made, the affidavit shall so state.

This information is in Rule 4.1 of the Arizona Rules of Civil Procedure (along with all other service requirements). You can find most of this stuff by doing a google search on Arizona Supreme Court and they also have some forms there.
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  #142  
Old 08-28-2007, 11:11 PM
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Thanks for the info Patrick...
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  #143  
Old 08-28-2007, 11:15 PM
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Thanks, TN - but this still begs the question of how does he publish from prison? Would someone (AKA ME!) have to do it on the outside? Can he send money to a newspaper from inside? I guess he could find these things out from his counselor...?? He just has had a hard time getting appointments - quite the bureaucracy where he's at!!
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  #144  
Old 08-29-2007, 07:24 PM
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Originally Posted by waitininaz
Thanks, TN - but this still begs the question of how does he publish from prison? Would someone (AKA ME!) have to do it on the outside? Can he send money to a newspaper from inside? I guess he could find these things out from his counselor...?? He just has had a hard time getting appointments - quite the bureaucracy where he's at!!


Not 100% sure but I believe you could pay for the legal posting in the newspaper. Check your state laws about how many times this posting must appear in the newspaper. Ther may be other ways of public posting also. Some states allow public posting at the courthouse. Chaeck all avenues and legal ways of posting.
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  #145  
Old 08-29-2007, 09:03 PM
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Quote:
Originally Posted by waitininaz
Thanks for the info Patrick...
I did a little more hunting. If you know what county your son needs to file in he can get all the forms and filing informatiom from that county.
Here is some inforemaiom about different types of service and the forms required. This is for Pima County , but at least you will know what need to be done and what type of forms must be file
ARIZONA SUPERIOR COURT, PIMA COUNTY SELF-SERVICE PACKET INSTRUCTIONS ON SERVICE OF PETITION -- BY PUBLICATION
http://www.sc.co.pima.az.us/Domestic...(PimaSC10).pdf




Attached Files
File Type: pdf Dissolution_Service_(PimaSC10).pdf (207.8 KB, 72 views)
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  #146  
Old 08-29-2007, 09:34 PM
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Quote:
Originally Posted by waitininaz
Thanks for the info Patrick...
I found a couple of rules in the Arizona Rules of Civil Procedure that apply to Service by Publication the first rule is 4.1(n) The other rule is 4.2(f)

AZ ST RCP Rule 4.1 (n) Service by Publication; Return. Where the person to be served is one whose residence is unknown to the party seeking service but whose last known residence address was within the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of the institution of the action, then service may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks (1) in a newspaper published in the county where the action is pending, and (2) in a newspaper published in the <A name=SDU_10>county of the last known residence of the person to be served if different from the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, to that person at that person's place of residence. Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of the publication and mailing, and the circumstances warranting the utilization of the procedure authorized by this subpart, which shall be prima facie evidence of compliance herewith. A printed copy of the publication shall accompany the affidavit. If the residence of the party being served is unknown, and for that reason no mailing was made, the affidavit shall so state.

AZ ST RCP Rule 4.2(f) Service by Publication; Return
Where the person to be served is one whose present residence is unknown but whose last known residence was outside the state, or has avoided service of process, and service by publication is the best means practicable under the circumstances for providing notice of institution of the action, then service <A name=SDU_2>may be made by publication in accordance with the requirements of this subpart. Such service shall be made by publication of the summons, and of a statement as to the manner in which a copy of the pleading being served may be obtained, at least once a week for four successive weeks in a newspaper published in the county where the action is pending. If no newspaper is published in any such county, then the required publications shall be made in a newspaper published in an adjoining county. The service shall be complete thirty days after the first publication. When the residence of the person to be served is known, the party or officer making service shall also, on or before the date of the first publication, mail the summons and a copy of the pleading being served, postage prepaid, directed to that person at that person's place of residence.

Service by publication and the return thereof may be made by the party procuring service or that party's attorney in the same manner as though made by an officer. The party or officer making service shall file an affidavit showing the manner and dates of publication and mailing, and the circumstances warranting utilization of the procedure authorized by this subpart which shall be prima facie evidence of compliance herewith. A printed copy of the <A name=SDU_3>publication shall accompany the affidavit. If the residence of the person to be served is unknown, and for that reason no mailing was made, the affidavit shall so state.






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  #147  
Old 08-30-2007, 09:31 AM
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In mIssissippi what do you have to do. I am a mother wishing to help my son while hes doing time.
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  #148  
Old 08-30-2007, 10:27 AM
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In mIssissippi what do you have to do. I am a mother wishing to help my son while hes doing time.
I will look for some general information for you. Give you a few links if I find them
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  #149  
Old 09-04-2007, 08:05 PM
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Quote:
Originally Posted by Patrickj
I did a little more hunting. If you know what county your son needs to file in he can get all the forms and filing informatiom from that county.
Here is some inforemaiom about different types of service and the forms required. This is for Pima County , but at least you will know what need to be done and what type of forms must be file
ARIZONA SUPERIOR COURT, PIMA COUNTY SELF-SERVICE PACKET INSTRUCTIONS ON SERVICE OF PETITION -- BY PUBLICATION


Thanks again, Patrick, for all the helpful information...I am checking into the publication stuff more thoroughly - thanks for the links...we are in Yavapai County (also ex's last known address) but he is in Marana now...
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  #150  
Old 09-07-2007, 05:36 PM
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Does anyone have a sample or have experience with a divorce with kids. How does the guardianship suppose to be, does he have to put hisself on child support, etc. We are in TX but any advice will help.
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