Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > NORTH CAROLINA > North Carolina General Prison Talk
Register Entertainment FAQ Calendar Mark Forums Read

North Carolina General Prison Talk Topics & Discussions relating to Prison & the Criminal Justice System in North Carolina that do not fit into any other NC subforum

Reply
 
Thread Tools Display Modes
  #1  
Old 01-11-2011, 09:22 PM
katvic katvic is offline
Registered User
 

Join Date: Dec 2010
Location: North Carolina USA
Posts: 8
Thanks: 0
Thanked 7 Times in 3 Posts
Default How to get a divorce if your husband is in prison in North Carolina

does anyone know how to get a divorce from your husband if he is in prison in NC? my husband is serving 3-5 years for inflicting serious domestic and sexual violence against me and I want a divorce as soon as possible. any suggestions would be greatly appreciated.
Reply With Quote
Sponsored Links
  #2  
Old 01-11-2011, 09:40 PM
JaydedDragon's Avatar
JaydedDragon JaydedDragon is offline
Registered User
 

Join Date: Dec 2010
Location: Hell, USA
Posts: 390
Thanks: 287
Thanked 193 Times in 142 Posts
Default

Doesn't NC have a legal aide program if you cannot afford it? Why would it be hard to divorce the man sitting in prison who did this to you? I would think any family lawyer would take the case. Pretty much open and shut.
__________________
If you're going through Hell, keep going.
~Winston Churchill







My shelter dog has it....all the best men are from prison.
Reply With Quote
  #3  
Old 01-11-2011, 10:39 PM
Geauxin'KraZee's Avatar
Geauxin'KraZee Geauxin'KraZee is offline
Still KraZee in Love !
 

Join Date: Oct 2010
Location: At home with my Love
Posts: 4,142
Thanks: 9,347
Thanked 4,289 Times in 2,164 Posts
Default

I'm so sorry to hear how much you've been hurt! Try and contact the district attorney, he/she may be able to point you in the right direction. Good luck sweetie.
__________________
Still together!
Reply With Quote
  #4  
Old 01-12-2011, 08:42 AM
roysprincess's Avatar
roysprincess roysprincess is offline
Registered User
 

Join Date: May 2009
Location: In La-La Land
Posts: 705
Thanks: 915
Thanked 390 Times in 269 Posts
Default

Hi there - I would think it would be the same way anyone else files for divorce. You have your attorney draw up the necessary papers and have them served in prison. The only difference is the location - others are served the papers at home, but his would be served in prison.

I do know (from personal experience) that in order to file for a divorce, either spouse must have been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint. The divorce proceedings will be in the county where either party resides. [Based on North Carolina General Statutes, Chapter 50, Sections 50-3 and 50-8]

Good Luck to You!
__________________



Woo-Hoo - Roy is Home!!!
Reply With Quote
  #5  
Old 01-16-2011, 05:11 PM
Sunflower's Avatar
Sunflower Sunflower is offline
SURVIVOR!!!
Donation Award 
 

Join Date: Aug 2008
Location: NC
Posts: 1,550
Thanks: 2,778
Thanked 1,419 Times in 703 Posts
Default

Welcome to PTO, do you have an attoryney if so then its easy just have him served in prison.
If you want to do it yourself then it allot of work but its possible. I divorced mine after he commited DV against me and my son, you have to start with a Divorce Packet and the clerk of court can help you. Everything has to be perfect or the judge wont sign.
Pm Me if you have any questions!!
Good Luck
Lisa

PS: You have to be seperated one year before you can file, and he doesnt have to be present!!
__________________
"If you had someone in your life treating you the way you treat yourself, you would have gotten rid of them a long time ago"
Reply With Quote
The Following User Says Thank You to Sunflower For This Useful Post:
roysprincess (01-16-2011)
  #6  
Old 01-16-2011, 09:15 PM
aherring's Avatar
aherring aherring is offline
~EMT Cherry~
 

Join Date: Mar 2007
Location: NC, USA
Posts: 13
Thanks: 4
Thanked 7 Times in 5 Posts
Default

I just went through the exact same thing last year. Go through legal aide in your county. You do have to be seperated for 1 year but then they will give you the papers you need to start the process and will guide you through it. You will have to take the papers to the county he is in to have them served or send them to that sheriffs department. You can send them certified mail but it has to be signed for and i knew my ex husband wouldnt. He is in for attempted murder...assault by strangulation on me so I understand where you are coming from. If you have any questions let me know. Stay strong and keep your head up!
Reply With Quote
The Following User Says Thank You to aherring For This Useful Post:
roysprincess (01-17-2011)
  #7  
Old 01-17-2011, 08:51 AM
Sunflower's Avatar
Sunflower Sunflower is offline
SURVIVOR!!!
Donation Award 
 

Join Date: Aug 2008
Location: NC
Posts: 1,550
Thanks: 2,778
Thanked 1,419 Times in 703 Posts
Default

Quote:
Originally Posted by aherring View Post
I just went through the exact same thing last year. Go through legal aide in your county. You do have to be seperated for 1 year but then they will give you the papers you need to start the process and will guide you through it. You will have to take the papers to the county he is in to have them served or send them to that sheriffs department. You can send them certified mail but it has to be signed for and i knew my ex husband wouldnt. He is in for attempted murder...assault by strangulation on me so I understand where you are coming from. If you have any questions let me know. Stay strong and keep your head up!
I was able to file in my county since im the plantiff, and certified mail is the only way to serve a prisoner and if you do return receipt then whoever picks the mail up will sign for it. You MUST have this to show the date because be will have 30 days to respond before you can put your case on the calendar.

Lisa

PS not trying to correct anyone just saying how I did it!
__________________
"If you had someone in your life treating you the way you treat yourself, you would have gotten rid of them a long time ago"
Reply With Quote
The Following User Says Thank You to Sunflower For This Useful Post:
roysprincess (01-17-2011)
  #8  
Old 07-18-2011, 01:56 PM
Sweet45 Sweet45 is offline
Registered User
 

Join Date: Jul 2011
Location: VA
Posts: 34
Thanks: 19
Thanked 4 Times in 4 Posts
Default Devoice

If you have been seperated for a year then all you have to is file with a lawyer such as Legal Ade. legal ade is free to those who fit the thing like income,such. or you can fine a attorney who can do it Pro Bono. That is the way that I got mine but I was not married to an imnate. Good luck.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 11:51 AM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics