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driftaway33 · Sep 28, 2008, 08:25 AM

My husband is incarcerated can I divorce him without notification?

JudyKayTee · Sep 28, 2008, 09:07 AM

Originally Posted by driftaway33

my husband is incarcerated can I divorce him without notification?

In a word, no.

xoxaprilwine · Sep 28, 2008, 09:34 AM

No you can't... only way you can get a divorce like that is abandonment for 7 years (without the knowledge of existence or whereabouts). Unfortunately you will have to go through the separation documents... now would be ideal and either work out mediation process or obtain counsel and get it going. Divorce can take up to 3 years to settle (some faster if it just goes to mediation) sometimes its quick and painless and other times it can drag out for a long time. I can see in incarcerated but what are your grounds for divorce (don't have to answer that if you don't want to).

JudyKayTee · Sep 28, 2008, 09:40 AM

Originally Posted by xoxaprilwine

No you can't...only way you can get a divorce like that is abandonment for 7 years (without the knowledge of existence or whereabouts). Unfortunately you will have to go through the separation documents...now would be ideal and either work out mediation process or obtain counsel and get it going. Divorce can take up to 3 years to settle (some faster if it just goes to mediation) sometimes its quick and painless and other times it can drag out for a long time. I can see in incarcerated but what are your grounds for divorce (don't have to answer that if you don't want to).

This is incorrect in the US - and I don't know where OP is. No need to separate. OP can simply file for a divorce. She has grounds.

If the OP is in the US incarceration is grounds for divorce by itself, no other grounds needed in some States - and he would still need to be served.

I would think you are addressing the law in Canada?

xoxaprilwine · Sep 28, 2008, 10:03 AM

:)

driftaway33 · Sep 28, 2008, 10:18 AM

My grounds for divorce is he's incarcerated and I'm financially struggling and he doesn't seem to care by the way he calls and runs up the phn bill and asks for money and I just don't love him anymore so I don't want to pretend.

driftaway33 · Sep 28, 2008, 10:18 AM

Good answer was correct

JudyKayTee · Sep 28, 2008, 10:36 AM

Originally Posted by driftaway33

my grounds for divorce is he's incarcerated and I'm financially struggling and he doesn't seem to care by the way he calls and runs up the phn bill and asks for money and I just don't love him anymore so I don't want to pretend.

Depends on what State you're in - you don't have to accept his phone calls.

In some States the fact that he's incarcerated is grounds; in other States this would be some form of cruel and inhuman treatment - being locked up.

You would have to run this past an Attorney, of course.

div2wice · Sep 29, 2008, 08:33 PM

No, you will need to notify him no matter what. And if he doesn't respond, it becomes a default divorce. Then you'll need to file default divorce paperwork (in most states) which makes it more difficult and almost always requires a lawyer to accomplish the divorce at this point.

The only way you will not have to notify him is if you do not know what jail he is in.

Good luck,

JudyKayTee · Sep 30, 2008, 06:19 AM

Originally Posted by div2wice

No, you will need to notify him no matter what. And if he doesn't respond, it becomes a default divorce. Then you'll need to file default divorce paperwork (in most states) which makes it more difficult and almost always requires a lawyer to accomplish the divorce at this point.

The only way you will not have to notify him is if you do not know what jail he is in.

Good luck,

He STILL has to be notified - if she can't find him, it's by publication. I am not aware of any State which does not require every legal attempt at notification.

JudyKayTee · Sep 30, 2008, 10:01 AM

[QUOTE=Comments on this post
xoxaprilwine agrees: You look familiar...don't know why...what firm in NY-FMC?.[/QUOTE]

Never heard of FMC - what City are they in? What is their speciality?

Nope, not me.

xoxaprilwine · Sep 30, 2008, 10:09 AM

Originally Posted by JudyKayTee

Never heard of FMC - what City are they in? What is their speciality?

Nope, not me.

NY and they do everything. Have a lawyer there that kind of looks like you:D

JudyKayTee · Sep 30, 2008, 10:16 AM

Originally Posted by xoxaprilwine

NY and they do everything. Have a lawyer there that kinda looks like you:D

I lived in NYC (New York City) years ago when I was in school but didn't work for a law firm at that time so, nope, not me.

I did some modeling, some small campaigns, but that's got to be about 18 years ago and I'll be stunned if any of the ads are still running and if I still look the same.

And if they are still running somebody had better send me a check pretty soon.

xoxaprilwine · Sep 30, 2008, 10:43 AM

Originally Posted by JudyKayTee

I lived in NYC (New York City) years ago when I was in school but didn't work for a law firm at that time so, nope, not me.

I did some modeling, some small campaigns, but that's got to be about 18 years ago and I'll be stunned if any of the ads are still running and if I still look the same.

And if they are still running somebody had better send me a check pretty soon.

Hehehe, no kidding. :p