Legal Question in Family Law in Massachusetts

: Divorcing and the incarcerated

Not without his knowledge;

Yes without his consent.

I do not know where he can find an inexpsensive lawyer, except maybe for the mass bar association lawyer referral reduced fee panel.

Re: Divorcing and the incarcerated

She can obtain a divorce. His agreement is not required. The "contested" divorce would be over division of assets and child-related matters.

She is quite wrong about the law of deeds and divorce. He is entitled to an "equitable" share in the property. I will not, however, give any opinion here as to whether the "fair" share is 0%, 100%, or anywhere between without knowing more.

She must obtain service of process, just as if he were not incarcerated. Most Massachusetts matters involving inmates are heard at court using the "video habeus." The court can do what it can do in any divorce.

I practice in Plymouth County, and have a sliding scale system of rates. Please feel free to look at my web site, www.gregleelaw.com for more information. My e-mail address is [email protected].

I wish you the best of luck in dealing with this.

Re: Divorcing and the incarcerated

MA is a no fault divorce state which essentially means that your step-son need not have done anything "wrong" for his wife to divorce him. She does not need his consent, however, any complaint for divorce must be filed with the Court and served upon him even while he is incarcerated. He then has an opportunity to respond to the allegations set forth in the complaint and to appear in Court as necessary. He will likely not be able to prevent the divorce, but he certainly does have rights to any equity or assets acquired during the marriage. The specific percentage he is entitled to will vary depending on the length of the marriage. He also has parental rights to their child that I suspect he will need to protect. I practice largely in Plymouth county and would be happy to speak to you regarding a reduced hourly rate or a sliding fee scale. Feel free to contact me.