Divorce Support Forums: How to divorce an inmate?

If he chooses to fight the divorce, he will have to respond. You will want to get the certified copy of the judgment and sentence on his conviction to prove that he's been in prison for hte required amount of time, and have that to file in court. (get it from the courthouse clerk's office where he was convicted, and it's possible that the prison system also keeps certified records of time in prision, but you'll WANT the certified copy from the courthouse if you can get it, it's just a better record, usually, so long as his fingerprints are included... some will do a thumbprint on the judgement just so that there's no mistaken identity.

Now, if he files a response and wants ot appear for hearings, the judge and the prison officials will decide, between them, hwo this will work. Many times it's just going to be permitted as a telephonic appearance of via video. But there is also a way to get him in person if they really want. They would handle it all so you don't have ot lift a finger, because this really is HIS responsibility to show up if he wants, and you are nto to blame and not responsible for getting him in prison OR for figuring out how to get AROUND the prison system if he wants to go to court in the divorce.

So you know, what he can do is make a motion to be permitted to attend court, to be transported back to the county jail from the prison system for the purpose of attending court, and the judge will have to issue an order or request (however it's done in your county) to get the sheriff's department to bring him from the jail. If he has a lawyer, they might bring clothing to let him dress "out". If he does not, it's highly likely he'll be in chains and his prison uniform.

All for what should be a very short hearing that he has no real defense for, which is why the judge might refuse to allow him to request transportation for the hearing and might require him to do it by video or by telephone... but I just wanted to explain so you know it's a possibility that they might have him show up, in case you were worried or scared, (especially if what he did was something involving violence) you won't have ot worry because they have lots of security when they do something like this... it's a huge thought in everyone's head that they want to take a chance & escape, but truly it's done every day and the reason it's done is not usually because they think they can escape, but it's becasue it's something to relieve the boredom of their lives.

And to relieve the boredom of being nin prison, he just might mess with you durin ghte divorce JUST for the sake of messing with you, but if the judge is any good, they won't allow it.

So go ahead & file on the grounds of fault if you want, it's the sure-fire way of getting it done. because he has CLEARLY exceeded 24 months in prison