When an inmate files for divorce:
Petitioner: Person who seeks the divorce.
Respondent: Person who is responding to the procedures.
1. Inmate will go to law library and receive the proper paperwork to file for divorce.
2. Completed paperwork will then go to the county.
3. The inmates trust account will be reviewed for the prior 6 months to determine if the inmate is indigent. This will determine what the inmate will pay to the county for filing fees and the process server to serve the respondent.
4. A hearing will be set for the initial filing. The inmate may not be brought to this hearing.
5. The respondent will be served the divorce papers and a hearing will be set, usually within 30 days of receiving the paperwork. This could take longer under certain circumstances.
6. The prison will bring the inmate to the divorce hearing and will sign off on all paperwork.
The timeframe for the whole process could be anywhere from 1-6 months depending on all factors.
If the spouse files for divorce from the outside:
1. The spouse will go to the county in which they live and file the petition for divorce. The papers provided in this thread can be used. Just make sure to change the county to the proper county in which this will be filed.
2. The outside spouse will be required to hire a process server to serve the inmate and pay all fees required by the county to file and to serve the inmate.
3. An initial hearing will be set.
4. Inmate will be served the paperwork and another hearing for divorce will be set.
5. The prison will bring the inmate to the divorce hearing.
Note: If the divorce is contested, status hearings will be set in order for each party to respond and the process will take longer.
Note: If an inmate is released and the petitioner has no known address, the petitioner will be required to put an ad in the paper 1 time a week for 3 consecutive weeks in a paper that has been in business for at least 90 days prior to placing the ad. This ad simply states:
I,__________ am no longer responsible for the debt incurred by______________from this day forward. I,___________ will only be responsible for the debt incurred by myself.