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Author Topic: Prison Divorce - Paperwork  (Read 4316 times)
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lvanrs2
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« on: October 24, 2012, 06:59:39 AM »

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.





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me
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« Reply #1 on: November 29, 2012, 04:11:34 PM »

I was wondering how a "federal inmate" would go about this?  I have a friend who is trying to divorce her husband and he is in federal prison and is claiming he "can't" file for divorce.  
I told her I didn't think that was true as state inmates can??
But wanted to double check if anyone here knew and what she can do from here?  There are no children or property involved.  She really can't afford an attorney.
Also would the paper work below work for this as well being he is federal?

Thanks in advance.
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lvanrs2
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« Reply #2 on: November 29, 2012, 06:29:18 PM »

I would suggest going to the county in which she intends to file and see if they have a divorce packet.  If not then she can probably choose the wording from this form and edit it to work for her county and circumstances.  She will still have to pay the counting filing fees and the cost of the process server to serve him in the federal prison.
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« Reply #3 on: November 30, 2012, 10:27:46 AM »

Thanks Ivans....  I will let her know and point her in that direction.  Hopefully she can take some time and just go down to the county building and figure it out. 
Thanks again. 
:)
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Kinnysbaby
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« Reply #4 on: December 28, 2012, 01:27:57 AM »

When my ex wanted the divorce he did the paperwork and sent it to me but I was suppose to pay all the fees you need to check into that. I threw the paperwork away and his new female found a lawyer who pro honor but someone had to pay the court cost and my appearance fee which was $250. Plus they will have to pay for his transportation to the courts.

Best of luck
Cherokee pm me if u have questions
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lvanrs2
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« Reply #5 on: December 28, 2012, 06:22:29 AM »

I think transportation costs depend on the county or the inmates trust amount of money.  We did not have to pay to have my ex transported to the court for the divorce hearing and there was no appearance fee on my behalf.
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