Legal Question in Family Law in Missouri
Divorce
If a husband is incarcerated, is there a process that must be taken? I have 2 children and seeking to divorce my incarcerated husband. Also how do I get support
for my 2 children they are 14 and 9.
1 Answer from Attorneys
Re: Divorce
The process to obtain the divorce is the same whether your husband is in prison or not. You file the lawsuit, have him served with legal process and proceed. If he does not hire an attorney to represent him in the divorce, you can take a default and obtain a Judgment. The Judgment might include an Order for child support since the husband still has an obligation to contribute to the support of the children, but he can't be making too much money where he is so your Order will not be in any great amount. Aso, you might have a hard time actually collecting any of the support at least until he is out of prison. Good luck.