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  #1  
Old 01-28-2009, 10:05 AM
MsJackson MsJackson is offline
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Default Can a federal inmate file for divorce?

Can an inmate in federal prison file papers for a divorce? If so, how do they go about doing so? thanks
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Old 01-28-2009, 04:30 PM
Stangloverswife Stangloverswife is offline
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I think so, but don't quote me. but they have access to several legal papers, for example, my husband was able to get ahold of power of attorny paperwork to fill out, have notorized, and sent to me.
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Old 01-30-2009, 03:22 AM
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mailove mailove is offline
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Quote:
Originally Posted by MsJackson View Post
Can an inmate in federal prison file papers for a divorce? If so, how do they go about doing so? thanks
The inmate needs to contact their counselor and they will help them fill out the paperwork then charge a few per that states guidelines. I know someone in McCreary who just went through this.

Hope that helps!
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Old 01-30-2009, 06:43 PM
dundunnit dundunnit is offline
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Quote:
Originally Posted by MsJackson View Post
Can an inmate in federal prison file papers for a divorce? If so, how do they go about doing so? thanks
An inmate can file divorce proceedings under these conditions:
1)If he has permission from his case manager who deems the "cause"acceptable.
2)If the action is non -contested and there is no loss of assets deemed to be the inmates targeted for restitution by the government.
3) If the action is contested then he must request a hearing for cause in "absentia" before he can go forward and must show cause.
4)Each state has its own laws that pertain to the above and differ in proceedure.
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Old 02-02-2009, 09:28 PM
ethanjoseph ethanjoseph is offline
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Question divorce in federal prison

Do you know anything about if they are both in prison (husband & wife). He is in Atlanta camp and she is in Alderson. thanks
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Old 02-02-2009, 09:59 PM
dundunnit dundunnit is offline
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Do you know anything about if they are both in prison (husband & wife). He is in Atlanta camp and she is in Alderson. thanks
Two different states.I would think that it would be simple if both parties were in agreement and the caseworker of the originator of the action (plaintiff) could easily contact the other parties caseworker. Then a simple settlement agreement could be drawn up in a legal library and the case could be filed locally and resolved. I would check into the waiting period in each juristsiction to see who should initiate if both parties are amicable to speed up the process. to bad they cant work it out as it sure would br quite a bit easier once released as they both sure would be able to relate and understand each others feelings during readjustment.

Last edited by dundunnit; 02-02-2009 at 10:03 PM..
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Old 02-03-2009, 12:18 AM
Zelda50 Zelda50 is offline
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That's an interesting comment. I would think it would be more difficult for the two to make those changes as a couple after prison because, if one falls, it's more likely the other will follow. As for the other comment about the case manager agreeing there is "good cause," -- from the attitudes I've seen from prison staff, they appear to think all inmate's spouses should divorce them. Of course, this commentary is all off-topic from the original question... Z.
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Old 02-03-2009, 01:11 AM
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mz.casi mz.casi is offline
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my boyfriends now ex wife did they were both in federal prision in honolulu hawaii
so i am sure it can be done.
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Old 02-03-2009, 05:32 AM
Wounded dog Wounded dog is offline
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My boyfriend is getting divorced while he is in MDC. His lawyer is taking care of it for him. His circumstances are unique as he hasn't spoke to his wife in over 4 years and they have no children, property, etc. together. They went their separate ways years ago.
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Old 02-03-2009, 07:14 AM
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Quote:
Originally Posted by dundunnit View Post
An inmate can file divorce proceedings under these conditions:
1)If he has permission from his case manager who deems the "cause"acceptable.
2)If the action is non -contested and there is no loss of assets deemed to be the inmates targeted for restitution by the government.
3) If the action is contested then he must request a hearing for cause in "absentia" before he can go forward and must show cause.
4)Each state has its own laws that pertain to the above and differ in proceedure.


Thanks dundunnit! The inmate is in federal prison in Mississippi and the wife is in Alabama and she is not in prison. they do have a child together and also, a house that is still in his name. He wants to just let her have the house and get the divorce done without any difficulties. The divorce should be non-contested because she has moved on with her life and they haven't been together for 5years. He is really looking for an easy way to find the correct papers from the law library and how to go about filing them in this situation....Thanks for any help
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Old 02-22-2009, 08:41 AM
momfromtn momfromtn is offline
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My son is in Fed and he has just filed for his divorce. He got the paralegal to help him with his paperwork and sent it to me then i took it to the court house and filed the papers for him and paid the cost and then she was served and has 30 days to answer. they have 2 children that myself and the other grandmother have custody of and no personal belongings together so it is a non contested divorce. Just check with the county where the divorce will be filed and get the approprate papers they can wave the filing fees and you just pay the tax foe getting the divorce due to incarceration. Our county did. Hope this helps.
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Old 02-22-2009, 03:30 PM
Zelda50 Zelda50 is offline
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When children are involved, it may be more difficult depending upon the state. For instance, in Oregon, the Court requires the parents to participate in mediation before divorcing if children are involved. Also, the incarcerated parent needs to be very careful about just filing for divorce without an advocate on the outside if he/she wants to be able to have visits with their children when they are released - or want someone to bring their children to visit in prison.
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