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  #776  
Old 02-11-2016, 09:16 PM
C Nette C Nette is offline
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What is the procedure for filing for divorce while your spouse is in prison
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  #777  
Old 02-11-2016, 11:26 PM
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It's the same as it is if he were in the free world except you have him served at the prison according to the prison's rules for legal service.
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  #778  
Old 03-16-2016, 04:25 PM
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Unhappy Divorce help!!

So my boyfriend is in Osborn Correctional right now and he still has 2 years left. But he might get out early and go to a halfway house. So he wants to get divorced, he has been separated from his wife for a year and a half. Since he is in jail right now, he has no money, so he doesn't know how to go about getting an attorney for the divorce. His wife didn't pay taxes on a check she received, so now she owes $18,000 in back taxes. And since they are married, it will also go against him. If he just divorces her then he will have to pay $9,000 for his part in the back taxes...but the thing is...the check she got that she didn't pay taxes for....she received it AFTER he was in jail. So he didn't receive ANY of the money. So since he can prove he was in jail after she got the check and cashed it, he wants to fight the back tax thing. He shouldn't have to pay the $9,000 since he didn't even cash the check or see any of the money. So he wants to know if there is an attorney that can help him that will be free since right now he can't afford lawyer fees. But i dont know where to look for help. He is in connecticut right now. I looked online to see if there were divorce lawyers that did pro bono work for inmates but found nothing So i am just reaching out to see if anyone knows of any suggestions. Where can I find an attorney for him that wont charge a fee?? He doesn't want to come out of jail owing $9,000 when he didn't even have anything to do with the money in the first place. Please help!! Thanks for reading!!
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  #779  
Old 03-16-2016, 04:32 PM
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Okay, just because they weren't together doesn't mean they were legally separated. Usually, paperwork has to be filed for that reason and there must be no co-mingling of funds.

He can file pro se (for himself). Most courts have good information and forms online for filing for divorce pro se. He should start with those forms and go from there. It's not going to be a matter of file this paper and boom, he's divorced, but there's a generally workable timeline and most people can handle a basic, no frills divorce. If he wants to deal with that $9K, he should consult an attorney licensed in his jurisdiction.
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  #780  
Old 03-16-2016, 04:47 PM
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  #781  
Old 03-16-2016, 05:29 PM
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He has the IRS issue to deal with too, but he can probably handle it himself as long as he meets the deadlines for answering their requests. If he is receiving copies of the IRS letters, he needs to answer them with his explanation of why he is not liable for the unpaid taxes, penalties and interest. One option is for him to file for innocent or injured spousal relief.
https://www.irs.gov/uac/About-Form-8857

If he doesn't know what the IRS is actually demanding from both of them, he needs to write to the IRS Taxpayer Advocate's office.
https://www.irs.gov/Advocate

Before they accept a case, the individual must have made an effort to resolve the problem through their regular agents, but if he is cut out of the loop (wife being the only one to receive the notices?) that should qualify him as long as he states what is happening clearly in his letter.

If it is as clear cut as you think it is, there is no reason for a lawyer, at least until after he is told that the IRS still thinks he owes the money. If he didn't file a joint tax return with his wife, and didn't receive the income in question, he should be able to resolve it himself.

Then there is the divorce, which is another problem entirely.
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  #782  
Old 03-20-2016, 12:36 AM
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Originally Posted by fbopnomore View Post
He has the IRS issue to deal with too, but he can probably handle it himself as long as he meets the deadlines for answering their requests. If he is receiving copies of the IRS letters, he needs to answer them with his explanation of why he is not liable for the unpaid taxes, penalties and interest. One option is for him to file for innocent or injured spousal relief.


If he doesn't know what the IRS is actually demanding from both of them, he needs to write to the IRS Taxpayer Advocate's office.

Before they accept a case, the individual must have made an effort to resolve the problem through their regular agents, but if he is cut out of the loop (wife being the only one to receive the notices?) that should qualify him as long as he states what is happening clearly in his letter.

If it is as clear cut as you think it is, there is no reason for a lawyer, at least until after he is told that the IRS still thinks he owes the money. If he didn't file a joint tax return with his wife, and didn't receive the income in question, he should be able to resolve it himself.

Then there is the divorce, which is another problem entirely.

thank you, this helped so much!!!!
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  #783  
Old 04-21-2016, 02:51 PM
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My LO has completed all the forms and his ex has been served. She did not send in a answer. He paupers oath was denied, so we will cover the cost of the divorce. He has a trial of merit set for June. My questions is how will that work, if he is not able to attend the trial; will he still be granted the divorce? We are located in Texas-He has completed a power of attorney, will this help us any? TYIA
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  #784  
Old 04-25-2016, 12:24 PM
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I'm in ga, seems so hard to find anything out on a divorce. My husband is also in prison in ga. I am trying to find out how to go about the divorce, we have nothing no kids no house no money to divide. I've tried legal aid which was a no go I don't have a 1000 to file for divorce lord knows I wish I did. I'm trying to do it on my own so far no luck. Any ideas on what I need or anything to file for divorce. I'm a resident of troup county and he's in coffee county prison . All in georgia.
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  #785  
Old 04-25-2016, 01:27 PM
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Welcome to Prison Talk. Here's a link to Georgia Legal aid.org that may be helpful.
http://www.georgialegalaid.org/

It is also possible to have the court fees waived after filing an "indigent" application. Here are two possibilities. The forms are available from the clerk of the court.

Affidavit of Eligibility to Proceed in Forma Pauperis (SUP 10-174)
Affidavit of Indigence (SUP 10-176)

He, not you, will probably have to file for his divorce in order to qualify.
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  #786  
Old 07-03-2016, 03:02 PM
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Question Divorce for someone who hasn't heard from his wife in 10 years

I want to help my friend who is a lifer to divorce his wife that he has not heard from since 2005. He believes she's got Alzheimer's and is in an institution since years.
This is in California and I am in Sweden. I've tried to trace her and have found her on person listings websites (so I know she is alive) but I have not succeeded in contacting her. And even if it's possible to contact her and she doesn't remember him or any marriage, what does one do?
Is there any way to argue in the divorce forms that you're unable to find the person?
As a prisoner it's anyway very difficult to follow up on any investigation and if I don't succeed, how do you make a divorce go through?

Every suggestion would help...

Anja
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  #787  
Old 07-03-2016, 03:39 PM
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Originally Posted by TantLudd View Post
I want to help my friend who is a lifer to divorce his wife that he has not heard from since 2005. He believes she's got Alzheimer's and is in an institution since years.
This is in California and I am in Sweden. I've tried to trace her and have found her on person listings websites (so I know she is alive) but I have not succeeded in contacting her. And even if it's possible to contact her and she doesn't remember him or any marriage, what does one do?
Is there any way to argue in the divorce forms that you're unable to find the person?
As a prisoner it's anyway very difficult to follow up on any investigation and if I don't succeed, how do you make a divorce go through?

Every suggestion would help...

Anja

There is a way that you can try and locate an individual through certain steps that are accepted by the courts . Then when these avenues result in not finding an individual you can serve them by Service by Publication or Posting . Here is a link that explains this procedure http://www.courts.ca.gov/20213.htm
You can also find information here through different link on How to file for divorce in California. I think after reviewing the information that is available starting here you will have a better understanding of what needs to be done . It won't be a walk in the park , but it isn't that difficult either. ( just more paper work http://www.courts.ca.gov/selfhelp-divorce.htm Feel free to P.M me if you have any questions or post them in this forum
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  #788  
Old 07-04-2016, 12:16 AM
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There is a way that you can try and locate an individual through certain steps that are accepted by the courts . Then when these avenues result in not finding an individual you can serve them by Service by Publication or Posting . Here is a link that explains this procedure....
You can also find information here through different link on How to file for divorce in California. I think after reviewing the information that is available starting here you will have a better understanding of what needs to be done . It won't be a walk in the park , but it isn't that difficult either. ( just more paper work Feel free to P.M me if you have any questions or post them in this forum
It looks like a good start! And thanks for your offer to answer more questions!
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  #789  
Old 07-06-2016, 01:35 AM
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There is a way that you can try and locate an individual through certain steps that are accepted by the courts . Then when these avenues result in not finding an individual you can serve them by Service by Publication or Posting . Here is a link that explains this procedure [/url]
You can also find information here through different link on How to file for divorce in California. I think after reviewing the information that is available starting here you will have a better understanding of what needs to be done . It won't be a walk in the park , but it isn't that difficult either. ( just more paper work [/url] Feel free to P.M me if you have any questions or post them in this forum
I've talked to my friend who says he's asked around and says there should be a simpler way if he does it himself from prison. So I've googled for more info on "inmate filing for divorce" and it does not look as simple as he says. But maybe it's less work than if I from outside try to help?
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  #790  
Old 07-06-2016, 01:19 PM
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I've talked to my friend who says he's asked around and says there should be a simpler way if he does it himself from prison. So I've googled for more info on "inmate filing for divorce" and it does not look as simple as he says. But maybe it's less work than if I from outside try to help?

There is no short cuts in getting a divorce outside or inside . It is just a little more difficult getting some of the steps done when you are in custody.
I have guided well over 150 people through the divorce process. Most have been in custody. Not to say there isn't time saving steps , but the paper work is the same inside or out.
Not being able to find the other party in the matter just adds more time consuming paper chase to please the courts. If you are the petitioner in dissolution (divorce) matter you must follow the basic steps as explained in the link I gave you. To save time and effort when a party is in custody I suggest that they do their Preliminary Financial Disclosure. Then serve this along with the first set of forms on the respondent together . This way you only have to serve the respondent one time and take care of two items that must be served.
Petitioner must do Preliminary Financial Disclosure, even in default matters (respondent doesn't file a response) For what county your friend should file in would depend on how long he has resided at the institution he is at ( I can find this time out for residency real fast . Off the top of my head I believe it is 90 days) That would be his county of residency.
Now he can group all of his forms in one package Fee Waiver( if he qualifies) All divorce forms for filing times three . Send all this information to the Clerk of the Court along with a Large legal envelope , so the Clerk of the Court may return the Fee Wavier order( if he qualifies for fee waiver) Two sets of divorce forms that will be stamped with a case number. One set of these forms needs to be served on the respondent the other his for his records.
Once the other party is served and served correctly they have twenty days to respond. After 20 days and no response . Petitioner mays seek a Judgment by default
Not to sound mean here but if your friend can find a way to short cut any of these basic procedures and still obtain a Final Judgment, more power to him. He needs to listen to the information you are giving him and not the home boy network inside . Hommie will promise and say a whole bunch of stuff that isn't real Been there heard it seen it. We all live and learn

Alright I went and located what county your friend would file in( if he meets residency requirements). Here is a link to that section of L.A county where he would file http://www.lacourt.org/
Here is the address to the court in his area
State of California Superior Court, Los Angeles County
North District
Michael D. Antonovich Antelope Valley Courthouse
42011 4th St. West
Lancaster, CA 93534
Phones: (661) 974-7200
You can get all state approve Family Law Forms here http://www.courts.ca.gov/formnumber.htm Enter Family Law in category box.
This link is the four basic steps to getting started in a divorce http://www.courts.ca.gov/1229.htm

I also have booklets that will walk you through on filling out divorce forms step by step. Let me know I will be more then happy to give you the links Alright enough of my rambling on for now

Residency requirements for divorce California:
To file for divorce in California, there are California divorce residency requirements. First, either you or your spouse must have lived in California for the last six months, and second, you must have lived a minimum of three months in the county where you plan to file the divorce.
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Last edited by Patrickj; 07-06-2016 at 02:09 PM..
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  #791  
Old 07-07-2016, 03:39 PM
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Thanks. I really appreciate your help!
I’ve searched for the wife on the web and found one address (did lots of searching around that address and called possible phone numbers too, but they are not in use). Is it enough, to “serve the respondent” to that address as the last known address, without checking that she really lives there?
I’ve also searched info in various places (prisonlaw.com is one of them) to try and find out if there’s alternative ways and found none, but lots of forms. So now I’d like to ask you:
Is the Preliminary Financial Disclosure FL140?
And do I have to fill out Property Declaration FL160 even though there’s no property?
Should I include FL335 if the papers are going to be sent by mail?
Is this all the forms that I should send him (I’ll fill in most of the info first):
FL100, Fl110, FL115, FL335 and FL140 + Fee waivers FW001 and FW003.

I’ll get it all done somehow…
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Old 07-07-2016, 04:41 PM
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Thanks. I really appreciate your help!
I’ve searched for the wife on the web and found one address (did lots of searching around that address and called possible phone numbers too, but they are not in use). Is it enough, to “serve the respondent” to that address as the last known address, without checking that she really lives there?
I’ve also searched info in various places (prisonlaw.com is one of them) to try and find out if there’s alternative ways and found none, but lots of forms. So now I’d like to ask you:
Is the Preliminary Financial Disclosure FL140?
And do I have to fill out Property Declaration FL160 even though there’s no property?
Should I include FL335 if the papers are going to be sent by mail?
Is this all the forms that I should send him (I’ll fill in most of the info first):
FL100, Fl110, FL115, FL335 and FL140 + Fee waivers FW001 and FW003.

I’ll get it all done somehow…
Here are the basic forms for filing a divorce
FL-100 Petition
FL-110 Summons
FL-120 Reponses ( Left blank to be served with FL-100Petition, FL-110 Summons) on the respondent
FL115 proof of service of summons Will need to be filled out by the person whom serves the above forms on the respondent.
FL-141 Deceleration regarding service of Disclosure is the form that the person who serves the preliminary financial disclosures signs and checks which boxes apply ( what they gave the person The FL-141 and the FL-115 when filled out and signed by the person who done the service Are then usually given back to the petitioner, so that he/she may turn them in to the Clerk of the court and get them stamped with the filing date
There needs to be three copies of each of these forms FL-100, FL110, 1 copy of the FL120. Don't even bother about FL-160 You will need 2 copies of each FL115, and FL141 one for the court (the original ) one for the petitioner's records
He will need to fill out for his preliminary finical disclosure the following numbered forms FL140 Declaration of Disclosure F-L142Schedule of Assets and Debts FL150 Income and Expense Declaration These are the set of forms that need to be served on the respondent . Person that does service then fills out FL-141 Deceleration regarding service of Disclosure . The court doesn't get any of the finical disclosure information this is shared by the parties . OK.
FL335 is for serving local child support agency. Now there are no minor children in this matter correct?
I am also going to shoot you a P.M with some insight OK
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  #793  
Old 07-08-2016, 03:21 PM
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I need to correct one thing here I said that the respondent has twenty (20) days to file response. That is incorrect, Respondent has thirty(30) days from being served to file a response. After the thirty days and no response you may seek Judgment by Default
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  #794  
Old 08-17-2016, 08:30 PM
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What if I filed for divorce had him served. In ca. prison got proof of service back but didn't file the proof of service? Does it sit idle or does it stay in motion.? Oh and he didn't file a response? If I change my mind about divorce and I retract it does he get notified?
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  #795  
Old 08-17-2016, 08:54 PM
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you have to motion the whole thing up with the court to get the dissolution. If you don't get the petition for dissolution signed by a judge within a certain amount of time (check with your state), you're not divorced.

If you've had him served, get the proof of service from the prison. Pester them. If necessary, serve him again. Include the proof with your entire petition package. The entire package serves the legal requirements for the disso. Without the entire package, you can't motion it up with the judge.

If he doesn't answer, he doesn't answer, and the court treats all failures to answer as admissions.
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  #796  
Old 08-18-2016, 10:02 AM
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He was served at prison and I got proof of service back ,I just haven't filed it.so if I don't file it and don't respond then does it go anywhere?
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Old 08-18-2016, 04:28 PM
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He was served at prison and I got proof of service back ,I just haven't filed it.so if I don't file it and don't respond then does it go anywhere?
How long has it been since proof of service has been signed? If it has been over sixty days. Your case has be come inactive. Try calling the Clerk of the Court . See if you can still continue without having to reserve the person again and restart the response time . This matter is going no where as it is now .
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Old 08-18-2016, 06:15 PM
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Cool I want it to go no where. I changed my mind after I got proof of service back on July 8 th and I filed on June 8 so the 30 days waiting is past...
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Old 08-18-2016, 06:25 PM
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Cool I want it to go no where. I changed my mind after I got proof of service back on July 8 th and I filed on June 8 so the 30 days waiting is past...


You still should file a Request for Dismissal (CIV 110) If you started this matter Link to the form http://www.courts.ca.gov/documents/civ110.pdf Check to see if any local forms may apply also. After filing this form should you wish to seek a divorce you would have to start the process all over again including paying the filing fee or obtaining a fee waiver
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Old 08-19-2016, 06:48 PM
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You still should file a Request for Dismissal (CIV 110) If you started this matter Link to the form http://www.courts.ca.gov/documents/civ110.pdf Check to see if any local forms may apply also. After filing this form should you wish to seek a divorce you would have to start the process all over again including paying the filing fee or obtaining a fee waiver
Cool I will I already have fee waiver".....does he get notified that I dismissed it?
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