DarthMaul
recently joined
Reged: 10/03/06
Posts: 1
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Our relationship has been bad for the past 2 years, but anyway... she was arrested last month with 2 counts of child abuse against our kids. She is still in jail... awaiting trial, but I don't think she is getting out anytime soon. She called me on the phone from jail recently and we got into an arguement and she threatened me with, "When I get out of here, I will take the kids away and you will never see them again!" I filed a petition for an order of protection. Can I divorce her while she is in jail? With her child abuse charges, will that put me into a better position to get full custody of the kids? Can she respond to a divorce petition in jail? Will it default? We don't own any big properties such as houses or cars. Just furniture and clothess... which she can HAVE! I just want my kid's things, my clothes and my laptop computer.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19893
Loc: Third rock from the sun
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Can I divorce her while she is in jail?
---> Yes. Once you file, just run over to the Sheriff's office and make arrangments to have her served.
With her child abuse charges, will that put me into a better position to get full custody of the kids?
---> Depends on whether or not she is found guilty, but what I recommend is that when you file your divorce petition, you also file for emergency temporary [sole] custody. That sets you up for the "status quo" and would make it difficult in the future for her to get physical custody.
Can she respond to a divorce petition in jail?
---> Yes.
Will it default?
---> Only if she doesn't respond.
We don't own any big properties such as houses or cars. Just furniture and clothess... which she can HAVE! I just want my kid's things, my clothes and my laptop computer.
---> So that is what you put in the property division section...she get's this, you get that.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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