Legal Question in Family Law in Washington

Divorce?

My wife was arrested a couple months ago, due to the charges and some other factors, i am considering a divorce. I have heard that since she is in prison that I can get an uncontested divorce? Can anyone help me figure this out.


Asked on 8/18/08, 8:41 pm

1 Answer from Attorneys

Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Re: Divorce?

That the wife is in prison does not make her a sitting duck such that you can get whatever you want in your dissolution of marriage proceeding. She will have the right to present her side of any issues relating to the proceeding.

Since she is in prison, she may be unable to attend the proceeding in person. However, she can still hire an attorney. She can also arrange with the court to appear by telephone in any hearing.

Service on a somewhat stationary person likely is easier.

Unless she hires an attorney, her ability to do something (such as looking up applicable laws, legwork investigation) may be limited.

Incidentally, the marital community may be responsible for paying all or some of her legal expenses relating to the criminal proceedings.

You likely should review your facts and options with an attorney.

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Answered on 8/18/08, 9:28 pm


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