Legal Question in Family Law in Kentucky
Unreasonably delayed divorce
I married a man who had, unbeknownst to me, a criminal history, was on parole, got caught for a DUI and went back to prison. I tried to hang in there, but ultimately realized I no longer wanted to stay married to this person. He is in prison. We have no children. I have a house, car, job. He had a truck, made NO financial contributions to our life. We were together for less than a year when this happened. I put insurance on the truck, gave him most of the money to buy it, and have maintained it. He got a backpay disabiility check, which I kept 2000 of, and had hoodlums calling me wanting ''their'' money. I paid $900 to attorney in June 2004 but still not divorced. Ex is asking for money and truck. He can have truck but no $. I do not understand why I am still married. Lawyer keeps putting me off, etc... what legal recourse do I have? I cannot afford to just LOSE the $900 and I believe, under the deceitful circumstances of the marriage, sneaking around using drugs, etc...that I have a right to my divorce. He is in prison and it would only cost $1 if he filed, but he's fighting. HELP!!!
1 Answer from Attorneys
Re: Unreasonably delayed divorce
When one spouse is in prison, it can get difficult to process a divorce, especially when they contest some element. In a normal matter, the parties would have a hearing and the Court would decide the issue. His being in prison complicates the issue in that he is not available to come to Court or present evidence. He more than likely has been appointed a Guardian ad Litem. I cannot second-guess your attorney but for a divorce that has been filed in June 2004 and with one of the parties incarcerated, it has notbeen an unduly long time. I would suggest making an appointment with your attorney to discuss the matter.