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Asked 1/25/2012

How can i get a divorce from an inmate without him signing

My husbands been in prison for 9 years he still has 20 to go he is very vilent and i cant get away from him it seems and he is in prison. help!

 
 
 
 
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Answer 1/4 - Submitted 1/25/2012

Hi, evabennett, and welcome to WebAnswers.

Generally, your divorce can be granted without the other spouse signing. In most states, it just takes longer for the divorce to become final.

Thank you for your question.

 
 

Answer 2/4 - Submitted 1/25/2012

It strikes me as odd that you would stand by your husband for 9 years while he has been in jail, but you now want to divorce him because he is violent. That aside, you should be able to file for a divorce due even without your husband's signature. As far as timing, when you are unable to locate your spouse it normally requires a longer period for a divorce because you must post the notice of the divorce for a certain number of weeks, or post the notice in the newpaper for a certain time. Because you likely know the whereabouts of your husband and he shouldn't be going anywhere, you can have him legally served with the notice of your divorce which should help speed up the process.

 
 

Answer 3/4 - Submitted 1/31/2012

In most states yes you can without a signiture, There will be a longer waiting term for it to be final, But usually no more then two years. Check the personal section of your local newspaper for lawyers in your area for low cost divorces. Good Luck !

 
 

Answer 4/4 - Submitted 1/31/2012

Just like no one can force you to get married in the first place, you also can't be forced to remain in a marriage. His refusal to sign documentation won't stop the divorce from ultimately taking place, but it can slow down the process. Regardless, you should be able to obtain a divorce whether he cooperates or not.

 
 
 
 
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