Start Your Divorce Today - Premium Divorce Online

Topic Options
#150570 - 10/03/06 03:16 PM I want to divorce my wife who is in JAIL! Can I?
DarthMaul Offline
recently joined

Registered: 10/03/06
Posts: 1
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.

Top
#150571 - 10/09/06 12:21 AM Re: I want to divorce my wife who is in JAIL! Can I? [Re: DarthMaul]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
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.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: