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  #1  
Old 04-20-2012, 05:40 PM
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Post Divorce in California prison

Does any one have info on how to file and whats the process for a divorce? He has 1 year left to go but wants to divorce before he get's out. He was married there so he will divorce there..lol.. Any info???
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Old 04-20-2012, 10:25 PM
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I will call the jail and ask all I know is cheap to divorce on there but good luck
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  #3  
Old 04-20-2012, 10:46 PM
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Default LA Self Help Courts

http://www.lasuperiorcourt.org/famil.../selfHelp.aspx



Quote:
Originally Posted by betty30 View Post
Does any one have info on how to file and whats the process for a divorce? He has 1 year left to go but wants to divorce before he get's out. He was married there so he will divorce there..lol.. Any info???
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Old 04-21-2012, 03:52 PM
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Originally Posted by betty30 View Post
Does any one have info on how to file and whats the process for a divorce? He has 1 year left to go but wants to divorce before he get's out. He was married there so he will divorce there..lol.. Any info???
here's a link with info on getting divorced in prison.

http://www.prisontalk.com/forums/sho...ht=dissolution
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Old 04-26-2012, 09:16 PM
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Originally Posted by betty30 View Post
Does any one have info on how to file and whats the process for a divorce? He has 1 year left to go but wants to divorce before he get's out. He was married there so he will divorce there..lol.. Any info???
I did all the paperwork myself. I sent him the forms to sign and then took them to court to file. He needs to send you a copy of his trust account so he can get fee waiver. With the fee waiver the sheriff department served his ex for free. Was pretty easy. PM me if you need more info.
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Old 04-27-2012, 12:24 PM
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Originally Posted by betty30 View Post
Does any one have info on how to file and whats the process for a divorce? He has 1 year left to go but wants to divorce before he get's out. He was married there so he will divorce there..lol.. Any info???
You can find information , forms and directions at this link http://www.courts.ca.gov/selfhelp-divorce.htm You may want to check this link for any local forms that may be need in this type of filing http://www.lasuperiorcourt.org/forms/ui/main.aspx?CT=FA
The filing party here may also put in for a Fee Waiver link for fee waiver information http://www.courts.ca.gov/selfhelp-feewaiver.htm Applicant will need to attach a certified copy of his/her trust account statement to this application also .
I can also give you links to instructional packets for forms need to file for a divorce , just let me know
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Old 04-30-2012, 11:26 AM
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Thanks so much im going to get on it ASAP
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Old 04-30-2012, 12:26 PM
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Thanks so much im going to get on it ASAP
One quick not here. What ever county which the facility is located in ,is the county in which the inmate files in as long as he meets the residency requirements ( 90 days or longer in said county to establish residency) Do you or him have a physical address on the soon to be ex , or know where she can be served? Without proper service the matter goes no where
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Old 04-30-2012, 01:25 PM
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One quick not here. What ever county which the facility is located in ,is the county in which the inmate files in as long as he meets the residency requirements ( 90 days or longer in said county to establish residency) Do you or him have a physical address on the soon to be ex , or know where she can be served? Without proper service the matter goes no where
Yes, We have all the info for her. He is in Bakersfield, that's also where they got married. She lives in Los Angeles and she does not drive. How would she be responding to the divorce papers?
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Old 04-30-2012, 02:21 PM
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Yes, We have all the info for her. He is in Bakersfield, that's also where they got married. She lives in Los Angeles and she does not drive. How would she be responding to the divorce papers?
Once she is served ( served correctly) I suggest personal service. There is a response form which she would file with the court ( if she chooses to do so ) Should she respond she would be required to pay a filing fee or obtain a fee waiver. Should she not respond with in the 30 calendar days after service . Then the petitioner may seek Judgement by default
You will be filing in Kern County, Kern County has some very good information on divorce and divorce filing on the Superior Court web site.
Be sure to check what location he would file also. There are four different divisions in Kern County. Metropolitan Division,East Division North Division and South Division link to Kern County Superior Court web site
http://www.kern.courts.ca.gov/
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Last edited by Patrickj; 04-30-2012 at 02:23 PM..
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Old 04-30-2012, 04:48 PM
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@Patrickj. Thanks so much for your help. Im going to check out that web site right now...
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Old 04-30-2012, 09:31 PM
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@Patrickj. Thanks so much for your help. Im going to check out that web site right now...
Sent you a private message( P.M.) with some other items of interest for you
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Old 05-09-2012, 02:08 PM
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Question Divorcing an inmate?

Hey guys well that time has come that i want to file for divorce. Ive been wanting to for about 4 years now but could never bring myself to do it. I haven't seen him in about 3 years but he still calls and writes occasionally. Im not sure how this works so i would love some info. Also we did get married when he was in county but in that time I've recently bought a house with some inheritance money, i want to know if he's entitled to any of it? I hope not because i have nothing other wise. My family helps me out with bills since I'm out of a job. Any help on this subject would be a great help! Thanks
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Old 05-10-2012, 02:16 PM
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Hey guys well that time has come that i want to file for divorce. Ive been wanting to for about 4 years now but could never bring myself to do it. I haven't seen him in about 3 years but he still calls and writes occasionally. Im not sure how this works so i would love some info. Also we did get married when he was in county but in that time I've recently bought a house with some inheritance money, i want to know if he's entitled to any of it? I hope not because i have nothing other wise. My family helps me out with bills since I'm out of a job. Any help on this subject would be a great help! Thanks


Here are a few links that should help you understand what you will need to do to divorce an inmate ( or anyone else)
Filing for Divorce or Separation
http://www.courts.ca.gov/1033.htm

Filing Your Case
http://www.courts.ca.gov/1229.htm
Forms
http://www.courts.ca.gov/1230.htm
Check court web site for the county in which you will be filing for any local rules of court or Local forms Some counties court web sites even have form packages you can down load After you have reviewed this information . Should you have any questions let me know I will guide you to the information to help you can also give you information on How to serve a inmate . Service of documents and financial disclosure are two very important steps in the divorce process. If either one are done wrong or not done at all your case goes no where
If you look at this threat here at PTO you will find plenty of divorce information for different state including California http://www.prisontalk.com/forums/showthread.php?t=155112
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Old 07-16-2012, 09:25 PM
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Default Divorce in prison

Hello I am in desperate need of some answers! My inmate started his divorce way before he was incarcerated. All the paper work was except for the final signing papers. Now his wife moved out of state Nd refuses to sign! He has a lawyer but she said he will have to wait tip he is released to finish it. He release date isn't until 2015 is this true or is there another way to go about this? Thanks for any help given
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Old 07-17-2012, 10:17 AM
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Hello I am in desperate need of some answers! My inmate started his divorce way before he was incarcerated. All the paper work was except for the final signing papers. Now his wife moved out of state Nd refuses to sign! He has a lawyer but she said he will have to wait tip he is released to finish it. He release date isn't until 2015 is this true or is there another way to go about this? Thanks for any help given

Couple of quick questions here Did the ex wife file a response in this matter? Reason for this question. If she didn't file a response and all other paper work is done correctly. Why couldn't he seek a Judgement by default? I can not believe his attorneys response unless there is something not being told to you. Just refusing to sign usually isn't that hard to get around . Especially if the respondent doesn't file a response to the matter with in their set time limit after being served.
Are there minor children involved in this matter? Waiting until he is released He would have to refile after that much time has lapsed . I don't think you are getting all of the facts from your bf
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Old 07-17-2012, 10:36 AM
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Originally Posted by cecitodd View Post
Hello I am in desperate need of some answers! My inmate started his divorce way before he was incarcerated. All the paper work was except for the final signing papers. Now his wife moved out of state Nd refuses to sign! He has a lawyer but she said he will have to wait tip he is released to finish it. He release date isn't until 2015 is this true or is there another way to go about this? Thanks for any help given
Reminder: The information on this forum is not "professional". Otherwise a disclaimer would have to follow any "legal advice".

If all paperwork EXCEPT final signing papers are done, and the Court hasn't Ordered the divorce, SOMETHING LEGAL is holding up the paperwork. It's not about your boyfriend and don't let others make him out to be a smuck. That bothers me....

If your boyfriend has a lawyer, that licensee will know how to handle the paperwork. You could get that lawyer's number, along with written permission from your boyfriend to allow communication with you, possibly a Power of Attorney, and help the process through.

It's really not that hard, and I definitely see no reason that your boyfriend would be hiding something.

FYI: I won by Default, yet my complete divorce took 3 years due to LEGAL issues holding up that Final Decree. Unless the Court closes a case, it remains actively open.
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Old 07-30-2012, 12:36 AM
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Quote:
Originally Posted by cecitodd
Hello I am in desperate need of some answers! My inmate started his divorce way before he was incarcerated. All the paper work was except for the final signing papers. Now his wife moved out of state Nd refuses to sign! He has a lawyer but she said he will have to wait tip he is released to finish it. He release date isn't until 2015 is this true or is there another way to go about this? Thanks for any help given
I agree with Patrick. Just because he is incarcerated does not mean he can not get it finalized. Ask him to speak with his counselor. Inmates can file for divorce and be helped from the inside as well. There is something he is not telling you. It's not difficult at all.
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Old 07-30-2012, 12:39 AM
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you can print the papers on your county court website. all he has to do is fill them out, file them and serve by mail the person he is divorcing. dont forget to print the disposition paper, the fee waiver and the service by mail paper.
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Old 07-30-2012, 08:54 AM
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you can print the papers on your county court website. all he has to do is fill them out, file them and serve by mail the person he is divorcing. dont forget to print the disposition paper, the fee waiver and the service by mail paper.
Service by mail can be used The responding party must agree to be served this way . If not you are wasting your time an effort. Personal service usually is more effective providing you know where the responding party resides or where they can be served .
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Old 09-04-2012, 08:05 AM
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PatrickJ or anyone else who can help, my boyfriend is at CIM Chino and he went to the law library and I guess got the papers and had someone in the prison help him fill out the papers and mailed them off but he still has heard nothing and it has been like two or three months. So we decided that it will more than likely have to be done over. After reading all of these posts I am wondering if maybe he sent them to the wrong county. He is in Chino but he is from Modesto which is Stanislaus county (also where she lives). So would he file in Stan. county or the county where he is, or would either of them be okay? Well now that he is going to have to do this all over can anyone tell me what papers he needs to file so I am able to print them. I do not want to do anything wrong and have his divorce take even longer. I appreciate any help I can get. Thank you all very much!!
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Old 09-04-2012, 09:29 AM
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PatrickJ or anyone else who can help, my boyfriend is at CIM Chino and he went to the law library and I guess got the papers and had someone in the prison help him fill out the papers and mailed them off but he still has heard nothing and it has been like two or three months. So we decided that it will more than likely have to be done over. After reading all of these posts I am wondering if maybe he sent them to the wrong county. He is in Chino but he is from Modesto which is Stanislaus county (also where she lives). So would he file in Stan. county or the county where he is, or would either of them be okay? Well now that he is going to have to do this all over can anyone tell me what papers he needs to file so I am able to print them. I do not want to do anything wrong and have his divorce take even longer. I appreciate any help I can get. Thank you all very much!!
After this much time has passed and nothing has happened . Sounds to me like you have a mess on your hands, but nothing that can not be fixed by refiling . What I will do here is give you a list of links. At these link you can download forms, get information about filing and other facts pertaining to divorce.
Since he is in Chino an I will assume he has been there over 90 days . He would file in San Bernardino County. at
Superior Court of California
Chino District – Attn: Family Law;

13260 Central Avenue
Chino, CA 91710
Phone number 909-356-5337
Start here reading some information of filing for divorce http://www.courts.ca.gov/1033.htm This will be the link for Forms used in divorce http://www.courts.ca.gov/1230.htm THis link is for filing fee waiver http://www.courts.ca.gov/forms.htm?filter=FW . After reading this information feel free to contact me I have a directions packet on divorce that walk you through each form and how to fill it out line by line . Be more then happy to send it to you or link it to you
If who ever fills out the forms follows the directions and files the forms with the Clerk of the court . it should be filed.
Here is how most counties allow you to file by mail . You put all of your forms in a large legal envelope ( all forms = original plus two copies)
along with a large legal envelope with postage paid addressed to the person who is filing using the Clerks of court as the return address
You also put your fee waiver application or court fees inside this envelope. When the Clerk of the Court receives this information ( if fees are being paid) The clerk stamp and file the original documents and stamp an return in the mail the two sets of copies. One set of these copies is for the Petitioners records . The other set is to be served on the Respondent ( responding party )
If Fee Wavier is being applied for once The Judge approves said application . Then the Clerk of the Court will proceed as said before. The person seeking the Fee Waive will be notified if this application was approve or denied. One quick and important note here Your friend will need to submit a certified copy of his Trust Account Statement with his Fee Waiver Application. Can obtain a certified Trust Account Statement from the Trust office at the facility where he is at. Any question just get a hold of me I will do my best to direct you to the information you need
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  #23  
Old 02-10-2013, 08:09 PM
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Ok divorce questions... We filed the paperwork in aug 2012, she was served in oct 2012. I hadn't heard anything so I called the county it is filed in. They said she did not respond. So I was told to get checklist FL-182. They were married while incarcerated and they have no kids or property or anything. So the lady who answered the phone told me we had to file a few more papers? And serve her again and it would be done. So I'm assuming we file a-g (default w no agreement), proof of service already done and then serve her again and it's done? I need assistance... Thanks in advance
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