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  #551  
Old 08-01-2011, 11:47 AM
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Originally Posted by Evensteven5543 View Post
I was wondering if anyone has any information to help friend shes in az state prison for 2 years wants to divorce husband whose also in az state prison hes been there 5 and has 3 more to go theres no kids or property noone at prison seems to want to help her.


I have several packets for divorce in AZ what county are we talking about here? What I'll do for now is give you some general divorce information for AZ. I will attach the information for you
Attached Files
File Type: pdf azlawhelp_Divorce.pdf (308.9 KB, 0 views)
File Type: pdf ARIZONA RULES OF FAMILY LAW PROCEDURE.pdf (645.9 KB, 0 views)
File Type: pdf SelfServiceDivorceGuide.pdf (273.5 KB, 0 views)
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  #552  
Old 08-04-2011, 04:10 PM
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Quote:
Originally Posted by yourself
yes, he can divorce from prison. There's a whole section in this forum dedicated to the matter.

Paternity differs state by state, and states want kids to have fathers. All states assume that a child's paternity lies with the husband. He's going to need a DNA request to contest paternity.

He'll need to look into the laws of his state and deal with the divorce petition, and all custody and support matters in that petition. He can do this pro se, and it can be very formulaic for an uncontested divorce in some states.

How difficult will it be for him? Dunno. A lot of divorces are handled pro se when people can't afford attorneys.
What section is related to this on here? Trying to help my boyfriend get a divorce while he is on the inside, we live in Tx and heard it only cost 1.00 for them on the inside?? I seen the links u r posting to each state but how do they know if they r filling out the forms properly? And where to mail it to so it will be filed?

Last edited by GeeMmy; 08-04-2011 at 04:17 PM..
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  #553  
Old 08-05-2011, 12:25 AM
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What section is related to this on here? Trying to help my boyfriend get a divorce while he is on the inside, we live in Tx and heard it only cost 1.00 for them on the inside?? I seen the links u r posting to each state but how do they know if they r filling out the forms properly? And where to mail it to so it will be filed?
When a person does their own divorce (Pro-se) they should have a understanding of how to follow directions as they are written. Fill out the forms answering each question honestly. Then they must read up on how to serve the other party their papers. Without proper service the case goes no where. I will give you a link that will provide you with he forms you need and also will explain different types of service that is allowed in TX. This thing about filing for a dollar I have heard it many times never seen it done , but I will show you a form to fill out that may allow him to file without paying any filing fees what so ever.
here are the links for you to review
Forms and Information
http://www.texaslawhelp.org/document...sh/index.shtml
Affidavit of Inability to Pay Costs
http://www.texaslawhelp.org/document...ng_Mar2011.pdf
Texas Code Read Chapter 6 pertains to divorce
http://www.statutes.legis.state.tx.u...Phrase=chapter
Also look for any Local Rules and or Local Forms these may be found at the web site in which you file your divorce in
He may also want to do a power of attorney
PRO SE
DIVORCE HANDBOOK Review the information her before you even start http://www.texasbar.com/Content/Navi...ookEnglish.pdf
After reviewing this information any questions let me know I have one other thing I need to pull up I'll get that to you

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  #554  
Old 08-05-2011, 08:19 AM
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Smile dissolution of marriage

Hi my boyfriend is married to a chick that basically left him a yr into his sentence she proposed to him and then got pregnant by someone else he sent he divorce papers but she didnt sign them i looked up something called dissolution of marriage and i wanted to know if tht was something he could request. we plan having a future together so we both really just want to get this over and done with so we can really focus on US .....any advice is welcomed & appreciated !!
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  #555  
Old 08-07-2011, 09:17 PM
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Originally Posted by futuremrzC View Post
Hi my boyfriend is married to a chick that basically left him a yr into his sentence she proposed to him and then got pregnant by someone else he sent he divorce papers but she didnt sign them i looked up something called dissolution of marriage and i wanted to know if tht was something he could request. we plan having a future together so we both really just want to get this over and done with so we can really focus on US .....any advice is welcomed & appreciated !!
Who's last name does the child have? If this child isn't his he ma y want to establish who the the father is If this child has his last name and he doesn't do a paternity test he pays child support for the child. I'll do some quick research on divorce for your state a get back with you
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  #556  
Old 08-08-2011, 01:59 PM
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Default New York Resources

Here are some links to a few things that apply in New York
UNIFORM COURT RULES
FOR MATRIMONIAL PRACTICE
22 NYCRR § 202.16 & 202.16-a
http://www.nycourts.gov/divorce/uniformrules.shtml

what you need to know before starting a divorce action
http://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf

http://www.nycourts.gov/divorce/county_specific_divorce_info.shtml
Divorce informsation by county

http://www.nycourts.gov/divorce/forms.shtml
DIVORCE FORMS

This should give you a idea of what is in the process Now if the other party is served and served correctly and doesn't respond in the set amount of time as prescribed by law the petitioner may seek a default of judgement. When the other party doesn't respond there is no She/he wouldn't sign the papers. The matter of paternity may be a issue in this here also

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  #557  
Old 08-09-2011, 07:31 AM
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Originally Posted by Patrickj View Post
Who's last name does the child have? If this child isn't his he ma y want to establish who the the father is If this child has his last name and he doesn't do a paternity test he pays child support for the child. I'll do some quick research on divorce for your state a get back with you
the child doesnt have his name that he knows of he has served her with papers b4 and she didnt sign but i know with dissolution of marriage if 1 party is estranged from another for 2yrs the other party can file w.o the other signing.
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  #558  
Old 08-09-2011, 09:58 AM
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the child doesnt have his name that he knows of he has served her with papers b4 and she didnt sign but i know with dissolution of marriage if 1 party is estranged from another for 2yrs the other party can file w.o the other signing.

According to Article 12 section (220 - 221) DISSOLUTION OF MARRIAGE ON GROUND OF ABSENCE told me something a little different maybe you are using a different section which I am unaware of
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$DOM221$$@ TXDOM0221+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=17612 973+&TARGET=VIEW
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  #559  
Old 08-10-2011, 09:04 AM
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Originally Posted by Patrickj View Post
According to Article 12 section (220 - 221) DISSOLUTION OF MARRIAGE ON GROUND OF ABSENCE told me something a little different maybe you are using a different section which I am unaware of
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$DOM221$$@ TXDOM0221+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=17612 973+&TARGET=VIEW

o wow i hope we dont have to wait 5yrs the law sites i looked up said 2yrs i really hope that im right
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  #560  
Old 08-10-2011, 11:31 AM
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o wow i hope we dont have to wait 5yrs the law sites i looked up said 2yrs i really hope that im right
One other thing I was wondering. What grounds will he be using for this divorce. New York's has six grounds for divorce .
I am also waiting for a updated Instruction Booklet For Uncontested Divorces Without Children Under 21
Here is a link to a older verison http://www.nycourts.gov/litigants/di...ivorcebklt.pdf
This is a older booklet like two year old but it has most information on filing a uncontested divorce


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  #561  
Old 08-15-2011, 05:53 PM
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New York is a no fault divorce state as of 8/2010. As far as the child you need to consult an attorney about that. If the parties are married, New York presumes the husband to be the father children of the marriage. This presumption can be rebutted.
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  #562  
Old 08-22-2011, 01:18 PM
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Exclamation texas divorce

I was told I have to have power of attorney and a unsworn declaration from my guy to file his divorce for him in the state of TX. Anyone know anything about that? Plus how do I get power of attorney? Do I file that at the court house? How much is it? HELP!!!
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  #563  
Old 08-23-2011, 04:02 AM
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my husband claimed he divorced me while in prison . I have yet to find a divorce record or decree. I wonder did he remember my maiden name .
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  #564  
Old 08-23-2011, 11:24 AM
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my husband claimed he divorced me while in prison . I have yet to find a divorce record or decree. I wonder did he remember my maiden name .

If you were never served with any kind of documents pertaining to a divorce very doubtful you are divorced. On the other hand you can always look at the county where he claimed to file or even at the state level to see if he filed Sounds like B.S to me Ask him to produce Final Judgement. Don't know if there were any minor children involved in this marriage if there were that will lead to more questions
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  #565  
Old 08-23-2011, 12:04 PM
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I was told I have to have power of attorney and a unsworn declaration from my guy to file his divorce for him in the state of TX. Anyone know anything about that? Plus how do I get power of attorney? Do I file that at the court house? How much is it? HELP!!!
Let me give my ole spill here lol. First things first Are there any children involved in this marriage? Second you would file this divorce in the county in which he resides in How much it cost depends on his asset if he doesn't have anything he can file . Affidavit of Inability to Pay
Link to the form http://www.texaslawhelp.org/documents/clusters/TX/433/English/Affidavit_No_Pay_Eng_Mar2011.pdf
I would also suggest that you read this booklet here Pro Se Divorce Handbook http://www.tyla.org/tasks/sites/default/assets/File/37603-ProSeDivorceBookENG_2010_FINAL(1).pdf
Here is a link to Texas Statues click on Family Code Title 1 Subtitle C Chapter 6 is the section that deal with divorce http://www.statutes.legis.state.tx.us/?link=FA

Here is a link to the forms you may need and this link also describes the different types of service that may be used to serve the other party in the State of Texas. http://www.texaslawhelp.org/documents/clusters/TX/433/English/index.shtml


For a Texas Statutory Durable Power of Attorney you can search it at Google Or you can go get one in Texas Probate Code Section 490. Statutory Durable Power Of Attorney http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.XII.htm#490
Any questions just let me know
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  #566  
Old 08-24-2011, 02:20 PM
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I would have to look for something in texas we been married 31 years and just were togeather for 9 months back in 1978 I will really look into getting a divorce thanks
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  #567  
Old 08-24-2011, 08:52 PM
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I would have to look for something in texas we been married 31 years and just were togeather for 9 months back in 1978 I will really look into getting a divorce thanks
Use the links I posted in the post above yours will give you Texas information , or look here http://www.texaslawhelp.org/documents/clusters/TX/433/English/index.shtml
If you need more information let me know OK
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  #568  
Old 08-25-2011, 08:21 AM
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Default served

Do I have to have his wife served if she is willing to meet up and sign the papers at the notary?
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  #569  
Old 08-25-2011, 12:14 PM
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Do I have to have his wife served if she is willing to meet up and sign the papers at the notary?
In order that the other party to be properly informed of any court actions against them they must be served . If the other party isn't served and served through one of the approved methods in your state the matter goes no where. Read the different ways of service for your state . In the State of Texas this is how Personal Service works Below is the Rule for who may serve Which complies with Rule 106(a) (1) of The
Texas Rules of Civil Procedure Link to the Rules http://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf

RULE 103. WHO MAY SERVE
Process—including citation and other notices, writs, orders, and other papers issued by the court—may be served anywhere by
(1) any sheriff or constable or other person authorized by law,
(2) any person authorized by law or by written order of the court who is not less than eighteen years of age, or
(3) any person certified under order of the Supreme Court. Service by registered or certified mail and citation by publication must, if requested, be made by the clerk of the court in which the case is pending. But no person who is a party to or interested in the outcome of a suit may
serve any process in that suite, and, unless otherwise authorized by a written court order, only a sheriff or constable may serve a citation in an action of forcible entry and detainer, a writ that
requires the actual taking of possession of a person, property or thing, or process requiring that an enforcement action be physically enforced by the person delivery the process. The order authorizing
a person to serve process may be made without written motion and no fee may be imposed for issuance of such order.
RULE 106. METHOD OF SERVICE
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by
any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant's usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(1)
or (a)(2) at the location named in such affidavit but has not been successful,
the court may authorized service
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.
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  #570  
Old 08-26-2011, 12:23 PM
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Any information on how he can file for divorce in Michigan for free or at low-cost? He is in FCI Milan and they were both married and residing in Michigan.
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  #571  
Old 09-05-2011, 09:07 AM
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DOES ANYONE KNOW HOW MUCH A DIVORCE COST IF SOMEONE IS IN PRISON, I HAVE HEARD IT ONLY COST 1.00 IS THERE ANYONE WHO CAN PLZ HELP ME THANKS
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  #572  
Old 09-05-2011, 09:50 AM
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Depends on the state. You might wanna go to that state's forum for more info.
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  #573  
Old 09-05-2011, 10:32 AM
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if you do it yourself, it should only cost the filing fees. Not sure about if an inmate originates the process.
Check out nolo press. Lots of how to's etc.........
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  #574  
Old 09-05-2011, 04:38 PM
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DOES ANYONE KNOW HOW MUCH A DIVORCE COST IF SOMEONE IS IN PRISON, I HAVE HEARD IT ONLY COST 1.00 IS THERE ANYONE WHO CAN PLZ HELP ME THANKS

You can look at the county web site in which he inmate would file his/her divorce for filling fees most state have a fee waiver process for inmates/ other without funds alao that don't have funds to pay filing fee let me know what state you are speaking of and will get you fee waiver information tell me the county I'll pull up the filing fees for you
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  #575  
Old 09-05-2011, 09:31 PM
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Hello,thank you for the help we can get from you, i have a question my boyfriend is incarcerated and i dont know what to do, he is married by confidential marriage in california,he divorced he was thinking from her but it seems like she didnt sign the last paper like she was suppost to,well this gets better ,not only he didnt knew he was still married, he says, he got married again,so now hes married twice,what can i do wait until he gets out?is this posible n true ,can she do that n not sign papers on purpose, and him not being notified? and hes new marriage is still valid legal? PLEASE REALLY NEED YOUR HELP !!!! now we dont know where his confidential marriage partner is at, how can we find her? thanks for your help if it is any help!!!!
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