Legal Question in Family Law in California

my husband is in prison and we need to get divorced how do i go about this?


Asked on 12/17/09, 2:14 pm

1 Answer from Attorneys

Your husband being in prison changes very little about how a divorce is handled from your perspective. You will need to have him served with the petition for dissolution of marriage at the prison, but prisoners get served with legal papers all the time. Any reputable process server will know how to do it, and the good news is they won't have to bill you for tracking him down. Once you have him served, it's up to him to figure out how to handle his side of the case from prison. He may choose to default, in which case you just move forward with a default judgment after six months and you're done. I highly recommend "How to Do Your Own Divorce In California" by Nolo Press. I did my own divorce with it ten years before I ever started practicing Family Law because even as a lawyer I found it better and easier to use than the books on divorce in my firm's law library.

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Answered on 12/22/09, 2:47 pm


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