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alegna242 · Feb 23, 2011, 09:11 AM

Hello,
I have been estranged from my Husband since November. As of this week I have found out that he has been arrested for his 3rd DUI and is facing 2-10 years. I was planning on Divorcing him anyway however now that he is incarcerated I am unsure if there is a different route I need to take?
He has a long history of alcohol abuse, physical and emotional abuse towards me and in front of our child. Prior to his arrest he was in a Psychiatric Hospital for a week in December. He lost his job in the medical field in early January due to blowing a positive breathizer at work.
Obviously, I am asking for sole legal a physical custody of our 9 1/2 year old Daughter. Any insight or suggestions on how to divorce him would be greatly appreciated.

Thanks

AK lawyer · Feb 23, 2011, 09:53 AM

In many states (assuming you are in the U.S.), you can get do-it-yourself disollution forms from the court. I suggest you start there. Find a dissolution agreement- with child(ren) form, and see if you can get him to agree to it.

alegna242 · Feb 23, 2011, 10:21 AM

Thank you for your reply,

I am in the state of Texas. I looked into the do it yourself forms and in the state of Texas there has to be a temp order court date prior to the filing to work out the whole children, money etc. How will that work now?

AK lawyer · Feb 23, 2011, 10:26 AM

Originally Posted by alegna242

Thank you for your reply,

I am in the state of Texas. I looked into the do it yourself forms and in the state of texas there has to be a temp order court date prior to the filing to work out the whole children, money etc. How will that work now?

A hearing date has to be set before the case can be filed? I suggest that you call the clerk of court for an explanation of how they handle that. And while you are at it, if he has to attend the hearing, you might want to remind the clerk that he is incarcerated.