Legal Question in Family Law in Illinois
I am a freelance writer working on an article about filing for divorce while incarcerated. How does such process work? Can a person in jail hire an attorney? Would the divorce be uncontested? What about legal fees? I will appreciate your help and expertise.
1 Answer from Attorneys
Of course a person who is in jail can hire an attorney. The problem comes in if the case is filed in the county in which the prisoner resides when not incarcerated, how does he get to court to testify in his case. The prison officials may make the prisoner pay the costs incurred in any civil proceedings, which could make it very expensive. There is no way to know if the case will be uncontested unless the prisoner is asking for nothing other than a divorce, i.e. no visitation, no custody, no property etc.