Legal Question in Family Law in New York
inmate wants a divorce from his wife..
I am helping an inmate who wants to get a uncontested divorce from his wife. what can I do from the outside for him. He is currently in a NYS Facility and she lives in nyc. what forms should i provide him with and can I ask as Power of attorney? what happens if she refuses to sign the papers? what happens next, lastly what grounds can he use to file for divorce?
2 Answers from Attorneys
Re: inmate wants a divorce from his wife..
To begin, if she is willing to divorce him, she should be the plaintiff, it will be easier.
Second a lawyer will run this thru easier. If it is really uncontested, it will not be really expensive (thinking under $2000.00.)
There is no need for a power of attorney as long as the attorney doing this can get into the facility.
There are commercial do it yourself kits but I feel like you need to be a lawyer to really use them anyway.
Blumberg has one of the better ones, costs about 200.00.
Good Luck.
Re: inmate wants a divorce from his wife..
That depends on the grounds for divorce. Since he is the one incarcerated, which grounds will he use? You can't do the divorce by power of attorney. He needs to draft the petition, buy an index number in Supreme Court, have her served. If she doesn't contest the divorce then he can just complete and file the remaining papers. Or he can retain an attorney, through you to do the Uncontested Divorce. It is much easier and more efficient this way. My fees for this sort of divorce is very affordable. www.traceyabloodsaw.com