Legal Question in Family Law in New York

divorce while in prision

My soon to be wife's ex is locked up for 18yrs for rape of his bio- daughter, he is 8 hrs 1 way from us what is the easiest way for us 2 get a divorce he wont file for it and we cant afford a attorney. How do we serve him when we get the money for the court fee's and if we go to the prision will they take them to him for him to sign right then and there with out my soon 2 be wife having 2 see him, please help us out


Asked on 5/16/08, 10:36 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: divorce while in prision

I have experience in this. You have to file a summons and complaint using prison and/or abandonment as grounds for the divorce. If the husband does nothing application is made for conversion to a default (uncontested) divorce judgment.

To do it yourself is possible, although difficult. I would charge a flat fee for the service as long as the husband does not answer and the divorce becomes uncontested. Feel free to contact my office.

Mike.

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Answered on 5/18/08, 12:56 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: divorce while in prision

Most Family COurts have a Pro Se clerk, that directs individuals in filing for their own divorce... the only thing you would have to pay would be the court filing fees... which in and of themselves run a few hundred dollars... it's not particularly difficult, and the clerk will guide you through the entire process... and will inform you of the ways to serve him, and how and what else to file...

physically go to the COurt and inquire as to where the pro se clerk is...

MUCH LUCK!

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Answered on 5/16/08, 11:33 pm


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