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    rockysmother's Avatar
    rockysmother Posts: 2, Reputation: 1
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    #1

    Dec 25, 2008, 11:08 AM
    Getting a divorce for someone incarcerated
    My brother's wife has recently been incarcerated since Nov. 27th. She is on a no bond situation and goes before the grand jury on 1/22/09. They have a 6 year old son and he wants to divorce her and take the child. She is being charged with reckless endangerment as she took a 45 caliber gun and shot up the house with my brother's child from a previous marriage in the home.

    We were told that he could file on line to hold down the cost as they are very tight on money. The house they live in belongs to my family. They have two cars both in his name. The bank account has only week to week funds in it and it does not have her name on it as she has not worked in 2 years. Only because she chose not to work.

    What should he do?
    evatorres's Avatar
    evatorres Posts: 2, Reputation: 1
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    #2

    Dec 25, 2008, 11:18 AM

    In my opinion your brother, should try to make ends meet. I know it's tough right now... but it he has family support, he can obtain a second job and maybe sell back one of the cars back to the dealership. He does not need 2 cars and maybe try to sell it to someone else in the family. Unfortunately his wife could be a future threat to him and the baby so it's best for him to try and move on with the divorce. I'm sure there is more to this story but we have to considet the child's future and the family well-being. She's sounds very hot tempered which is not good in a family enviironment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 25, 2008, 12:59 PM

    Frist normally the only "online" you will find is for non contested divorce if the other person is willing to sign,
    And most likely they will not.
    So he really needs an attorney, esp for the safety of the chil.

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