Legal Question in Family Law in California

If petitioner is asking for divorce based on irreconcilable differences, the court will eventually grant her a divorce, regardless of where her husband is, or even if he opposes the divorce. There is nothing necessary for him to sign to make the divorce happen, contrary to what you see on television and in movies.

With that said, petitioner must still have the petition for dissolution properly served on her husband in jail. There are special rules that govern the situation, and the court is not supposed to enter a default against an indigent defendant who is incarcerated and who does not have an attorney.

I suggest speaking to a family law facilitator in your area, to assist in the matter, or to speak to a competent family law attorney.

Mr. Roach is correct. It is always a good idea to have an attorney handle your divorce so that you can make sure that everything is done properly. For example, even if the paperwork is properly served, the divorce does not happen automatically, as there is still other paperwork that must be filed for the divorce to be finalized. Some people are under the mistaken belief that all they have to do is file and serve the other party, and after 6 months goes by they are automatically divorced. That is not the case.

BARRY BESSER

www.besserlaw.com