Legal Question in Family Law in Pennsylvania

Divorce from incarcerated husband

HI, my husband has been incarcerated since Sept. 29, 2006, he has been sentence to 21years. He first stated that he would give me a divorce, now he is acting up and won't do it. What type of divorce do I have to file? I was told I could get a divorce on the grounds of desertion, since he was sentenced over two years. Do I have to file in Upper Darby since this is where I live?

Asked on 6/14/08, 7:08 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson
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Re: Divorce from incarcerated husband

You have 2 grounds. The first is 2 years separation. The other is that he has been sentenced to over 2 years in jail. When you file the divorce complaint you claim both grounds.

Assuming he lived with you or at least in the same county you can file in the county where you live. This should be the most convenient place for you to file.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/16/08, 8:19 am
David Garnes Law Offices of David T. Garnes, LLC
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Re: Divorce from incarcerated husband

Yes, in light of the fact that your husband is incarcerated, you can file for divorce on the grounds of desertion; however, in Pennsylvania, it will probably be faster and cheaper to file a no fault divorce (especially since you two have lived separate and apart since September 2006). I don't know all of the facts of your case, but it is likely that you can file for divorce in Upper Darby.

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Answered on 6/15/08, 8:15 pm

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