Can a divorce be cheaper if my spouse is in prison?

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Can a divorce be cheaper if my spouse is in prison?

Asked on August 12, 2011 Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your spouse is in prison and you wish to divorce him or her, then in all likelihood the costs of attorneys fees for you will be minimized in that most likely your spouse will not be able to afford a lawyer.

If he or she is unable to afford a family law lawyer for the dissolution, then your spouse may be more reasonable is stipulating to certain things such as division of assets and liabilities, child issues and the like.

One difficulty with a spouse in prison and a divorce proceeding being underway is the delays caused by the imprisoned spouse being unable to personally attend mediations and required hearing resulting from the dissolution proceeding.

Good luck.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, a divorce cannot be cheaper if your spouse is in prison, the same costs would apply but understand things may just be delayed because the court may require longer notice periods or proof he received the paperwork. Check with your state family court to see if it has brochures and how-to's on filing for divorce and all of the notice requirements. I think you will find that those helpful documents will let you know exactly what is required. If it is an uncontested divorce, then it should be fairly easy regardless. But do the research in your state with the notice requirements. If your divorce will involve child support issues and will involve eventual child visitation issues, you need to talk to a lawyer so you ensure your kids are protected.


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