Legal Question in Family Law in New Mexico

Divorcing an inmate

How do you go about getting a divorce from a person who is currently in jail?

Asked on 3/12/09, 10:40 am

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

Re: Divorcing an inmate

File it just as you would otherwise. You need to serve him which is pretty easy when he's locked up. He can file his answer from jail and attend hearings and such by telphone or in person. If the court determines he is to attend in person you may find yourself faciltating the transportation, but the jails are set up to get prisoners to the courthouse, depending on where he's incarcerated. A lot of prisoners, if they've been locked up a while, will use any opportunity to get a day or two out of the place even if it's just to appear in court, so he may resist a settlement just for that reason.

I'm assuming here he's in jail in New Mexico, but even if not it's no different than if he were free in another state, similar problems.

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Answered on 3/16/09, 5:33 pm

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