Legal Question in Family Law in Florida

if a man is in prison and his wife wants a divorce does she have to have him sign the paper. they were separated in 2010 before he went to prison


Asked on 5/27/13, 2:26 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

No. If he won't sign the settlement agreement, there has to be a trial (a "final hearing") just as if he weren't in prison. The divorce judge has to sign a writ at the request of the wife. The writ orders the Florida Department of Corrections to transport the husband to the county jail. The husband will be brought over from the county jail to court for the trial.

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Answered on 5/27/13, 2:36 pm
John Smitten Carey and Leisure

He does not have to sign anything. It only takes one party to get divorced.

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Answered on 5/28/13, 2:38 am


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