Legal Question in Family Law in Florida

Incarcerated husband

My husband has been incarcerated in the state of florida since 1/26/05. I am in new york with my 2 children. I am unemployed and on public assistance. My husband wants to file for divorce in Florida. Can this be done?? Do I have to appear down there in court if he does? He will be in jail until sometime in the year 2008. Please help.


Asked on 12/03/05, 8:48 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Incarcerated husband

If you do not oppose the divorce, you need not appear.

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Answered on 12/03/05, 10:27 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Incarcerated husband

The key factor, assuming that you do not want to be married to him any longer, is the issue of visitation. You do not want any decision to address visitation.

You don't want to be ordered to bring the children to his jail in Florida for visitation for Christmas, for example. And you want custody determined and vested in you. There are some othe points you want addressed.

The documents that have been served on you should be reviewed by an attorney and a divorce decree can be fashioned to protect your interests.

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Answered on 12/07/05, 2:41 pm
Bunji Fromartz Fromartz Law Offices

Re: Incarcerated husband

As he is incarcerated and, I assume, you also want a divorce I would supggest you start one in NY. Forms are available on the web at http://www.nycourts.gov/litigants/divorce/index.shtml

Your husband can sign off where indicated and you should be done 2-4 months after you file. Just follow all directions carefully. be sure you make out the papers to have custody of the children granted to you.

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Answered on 12/07/05, 3:22 pm


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