Legal Question in Family Law in Texas

How do you divorce someone who is incarcerated?


Asked on 7/12/14, 3:09 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

The divorce is like any other in Texas. You file a petition. Then he either signs a Waiver of Service with a special self-notarizing statement since prisons no longer have notaries. This document is filed with the court. It must be signed AFTER the petition is filed at the courthouse.

If he won't sign anything then you have him served at the prison. He's easy to find. They just serve the front door of the prison. People do it all the time so the local sheriff will know how to do so.

Then he either signs or does not sign the Final Decree of Divorce.

I recommend that you hire an attorney to assist you to make sure the Waiver of Service is done properly or service at the prison door is done correctly.

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Answered on 7/12/14, 11:29 am


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