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  1. #1
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    Default Divorce while incarcerated

    I am trying to find out how hard it is to get a divorce while incarcerated. My fiance' and I want to get married but he is still unfortunately legally married to his estranged wife. She is horrible and keeps his kids from him because she wants to try to regain control over his life. That is just how she is. I know she will probably just put up a fight with the divorce even though she wanted it too before he was incarcerated. How can an inmate in State prison file for divorce in Pa and how long could it take to get it if she does resist just to make our lives h e double hockey sticks?

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    Please someone let the both of us know!

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    If they have no assets or children, have one of the inmates who work in legal assist with filing the paperwork, its pretty simple. However if their are kids involved, get a lawyer. Child support and visitation are things that need to be ironed out ahead of time to preserve your rights as a parent. Child support especially since one of the parents is in prison, you'd hate to owe a load of back child support payments when they get out.

    Otherwise the process is the same...someone files the petition, the other party is served with the papers, judge signs off and bam! single all over again.

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    Is it expensive? Someone told me it was like $1000. Is that why so many of them stay married to their exes?

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    this was all supposed to happen before he went in but she didn't get it done. I would have only been $199 but ohhh yeah she had to play more games. I just hope it gets done soon because we want to get married

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    Quote Originally Posted by LorrieKayG View Post
    Is it expensive? Someone told me it was like $1000. Is that why so many of them stay married to their exes?
    The cost is when you have to involve lawyers when you have kids or substantial assets (like 401k's, houses, large bank accounts) It's always best to have a lawyer draw up the paperwork. But if the parties want to just get divorced, no kids, no property then in most states it just cost a couple hundred dollars to file the papers and get them served. If you can get a jailhouse lawyer to create the necessary documents, it wont take that long at all.

    There are a lot of reasons why they stay. Not just financially but if you think about it, maybe he thinks its over but she doesn't; maybe there are children or large amounts of cash and property involved. Most women don't fare well in divorces financially and the reality is if they divorce, they will lose lots of money and not be able to get child support because the baby's father is in prison.
    Last edited by Cerwydden; 08-11-2011 at 09:39 PM.

  7. #7
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    Quote Originally Posted by tattooedwitch View Post
    this was all supposed to happen before he went in but she didn't get it done. I would have only been $199 but ohhh yeah she had to play more games. I just hope it gets done soon because we want to get married
    How come he didn't get it done before he went in? Either party can file, even now he can file the papers himself...he doesn't need to wait on her for anything. Tell him if he gets someone to prepare the paperwork, you will take it to the courthouse and file it for him and pay the filing fees and service fees. Even if she wants to play games, nothing can be resolved until the paperwork is filed to begin with.

  8. #8
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    Quote Originally Posted by Cerwydden View Post
    How come he didn't get it done before he went in? Either party can file, even now he can file the papers himself...he doesn't need to wait on her for anything. Tell him if he gets someone to prepare the paperwork, you will take it to the courthouse and file it for him and pay the filing fees and service fees. Even if she wants to play games, nothing can be resolved until the paperwork is filed to begin with.
    It didn't get done because she has always been very controlling. She wouldn't sign our house over to him unless he agreed to 3 conditions, 1 I was not there, 2 we paid for it and 3 he signed divorce papers. So he agreed and she signed over the house, but then she got on her high horse and never did the paper work, and with him battling to see his kids before he went in, it was kind of put on the back burner. We had hoped it would happen but didn't she has used his kids as pawns for years and even kept him living in the house with her after she moved her new boyfriend in by holding the fact that she controlled ALL the money and the kids over his head. She left him a few years ago, and now because he is with me and we are happy she wants to cause trouble.. I can't wait till the divorce happens. He can't wait either. I just worry about the divorce affecting his rights to his kids but we will be careful with that also ..

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    Quote Originally Posted by tattooedwitch View Post
    It didn't get done because she has always been very controlling. She wouldn't sign our house over to him unless he agreed to 3 conditions, 1 I was not there, 2 we paid for it and 3 he signed divorce papers. So he agreed and she signed over the house, but then she got on her high horse and never did the paper work, and with him battling to see his kids before he went in, it was kind of put on the back burner. We had hoped it would happen but didn't she has used his kids as pawns for years and even kept him living in the house with her after she moved her new boyfriend in by holding the fact that she controlled ALL the money and the kids over his head. She left him a few years ago, and now because he is with me and we are happy she wants to cause trouble.. I can't wait till the divorce happens. He can't wait either. I just worry about the divorce affecting his rights to his kids but we will be careful with that also ..
    This is definitely one of those times when you want a lawyer to protect all that for you. Yes, they do cost money because family law cases tend to take forever to work their way through the system. If the house is legally his then he can evict her (although it sounds like she is still there because he doesn't want to boot the kids from the house too) but at some point, that will need to change too if that is where he plans on staying when he gets out. Personally, I'd evict her since it sounds like she can't be trusted to take care of the place and could potentially end up trashing it. No matter what though, that paperwork needs to get started before anything more can be done...let the lawyers figure it out, the sooner he has his day in court, the better.

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    Quote Originally Posted by Cerwydden View Post
    This is definitely one of those times when you want a lawyer to protect all that for you. Yes, they do cost money because family law cases tend to take forever to work their way through the system. If the house is legally his then he can evict her (although it sounds like she is still there because he doesn't want to boot the kids from the house too) but at some point, that will need to change too if that is where he plans on staying when he gets out. Personally, I'd evict her since it sounds like she can't be trusted to take care of the place and could potentially end up trashing it. No matter what though, that paperwork needs to get started before anything more can be done...let the lawyers figure it out, the sooner he has his day in court, the better.
    The house is actually only in his name and I am living in it as she moved out to live with her boyfriend, she took all the kids with her also. I am not worried about the house as I am in it and maintaining it. It is all the rest of the b/s that is going on with her. The fight over the kids etc. I just hope it doesn't take forever and we will be able to get married before too many years pass lol

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    Another alternative to having someone in his unit do the paperwork is to go buy the paperwork or google it, print it off and send it to him. It might cost you a few bucks, but it is probably more likely to cover all the bases.

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    I recently got a divorced while my husband was in jail and it was very easy. I live in new orleans and i went to my local legal aid office and they file all the papers and it was free. The divorce was final in july. It took about six months.
    TEAMLOVINGPONCHO

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    Quote Originally Posted by tattooedwitch View Post
    this was all supposed to happen before he went in but she didn't get it done. I would have only been $199 but ohhh yeah she had to play more games. I just hope it gets done soon because we want to get married
    I know a husband and wife who were on the verge of divorce, the husband has a new girlfriend. This new gf, filed for divorce, she did all the paperwork while he was in prison. The wife got the divorce papers. The girlfriend only paid $200, and if neither of the parties fought it, then bam, divorce granted. If there are children involved, then I would also higher an attorney.
    ♥ !Missing my better half! ♥


    ♥If God brought you to it, he will bring you through it♥






    ♥ Don't say it's forever and then say goodbye ♥

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    Quote Originally Posted by beautifulmother21 View Post
    I know a husband and wife who were on the verge of divorce, the husband has a new girlfriend. This new gf, filed for divorce, she did all the paperwork while he was in prison. The wife got the divorce papers. The girlfriend only paid $200, and if neither of the parties fought it, then bam, divorce granted. If there are children involved, then I would also higher an attorney.
    And the court allowed the new girlfriend to file? Is there any more info on this? Becuase I happen to be the new girlfriend also who needs to take care of this bc no (the wife) will.

  15. #15
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    They let the girlfriend file it yes. But either the wife or husband has to show up for court. If they don't, they can't grant the divorce just b/c the gf said so. I would have the inmate write a statement, and get it notarized, saying why he thinks it will no longer work, and why he wants a divorce. If the wife doesn't show up to court, this could help the gf. May not get it granted but it could help. Also, if your the girlfriend, their is an option on the divorce paperwork for the sheriffs to deliver the papers ,select it and pay the extra money to send it. Because if you don't (If wife doesn't show up) it could be dismissed b/c there is no proof she ever got the paperwork....so definitely send it by sheriff. Take every precaution you can.



    EVERYTHING IVE POSTED ON THIS THREAD, IS FROM A FRIEND I KNOW, WHO WENT THRU THIS. IT MAY BE DIFFERENT DEPENDING ON STATE BUT THIS WAS DONE IN KANSAS. I'M ONLY SPEAKING ON WHAT HAPPENED IN HER CASE,
    ♥ !Missing my better half! ♥


    ♥If God brought you to it, he will bring you through it♥






    ♥ Don't say it's forever and then say goodbye ♥

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    Hi Ladys,
    There is a website that you can look at and get all the paper work you need, all you have to do is print it out and send it to your boyfriend and have him fill it out and send it to the district clerk, thats what me and my boyfriend are doing right now and its almost done we just got one more step to go. If yall need any Info let me know and I will try my best to help you.
    **Holding it down for my Inmate!!**

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    I am more than interested on how to go about this process. Im like totally willing to do the leg work on my end. I live in NY but he and the wife live in Indiana. So I will be out there in a month....whatever info, website, advice any of u have would be gratefully appreciated.
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  18. #18
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    After the paperwork is filled out, send it or take it to the district court. From there, they will schedule a court date and serve the wife papers. I dont know about any websites, the person I know who did this, she bought the kit from office depot and it had a booklet and a disk for the computer. On the disk, it has a list of all states. You click on the state it will be filed in. So, it would have to be Indiana since they are both reside there. It will have every paper you need to file out for that state. Or you could contact the district court in Indiana and ask them to mail the paperwork to you (or pick it up next time you visit him.)

    *had to add this. I was asking my husband about this and how the inmate would go about it....he started freaking out, thinking I was wanting a divorce, lol. I had to reassure him that I was doing no such thing. I let him know that it was on post on jpay, and he was relieved.
    ♥ !Missing my better half! ♥


    ♥If God brought you to it, he will bring you through it♥






    ♥ Don't say it's forever and then say goodbye ♥

 

 
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