Legal Question in Family Law in Minnesota

How do I go about filing for a divorce in MN while spouse is incarcerated?

I want to file for--name removed--divorce without the cost attorney fees. I know I can get--name removed--do it yourself kit - no children, no marital assets. Since he is in prison do I have to pay someone to ''serve'' him papers or I can I just mail it to him.


Asked on 4/17/07, 12:46 pm

1 Answer from Attorneys

Jennifer Moore Moore Family Law, P.A.

Re: How do I go about filing for a divorce in MN while spouse is incarcerated?

You cannot obtain personal service upon your husband by simply mailing him the papers in prison, unless (1) he agrees to accept service and signs a document called an Admission of Service, or (2) you obtain an order from the Court called an Order for Service by Alternative Means.

In your case, it is unlikely that you could obtain an Order for Service by Alternative Means, because your husband's location is known and service can easily be accomplished by the prison officials.

If you have very low income, you may qualify to have the filing fee and service fees waived.

By your zipcode, I see that you live in Ramsey County. Ramsey County has a family court self-help center that can assist you in filling out your divorce papers and with your questions regarding service of process and fee waivers.

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Answered on 4/18/07, 12:51 pm


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