How can I get a divorce if I found out today that my husband has inappropriately touched my 5 year old granddaughter?

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How can I get a divorce if I found out today that my husband has inappropriately touched my 5 year old granddaughter?

He has been incarcerated for the last 4 mnths for stealing pills. This happened before his incarceration while she was visiting me. This has been taken to police for investigation but I want this marriage to be ended. I live in this house (with my son who is not his) and we got it together, although it is only in his name. How could I go about this before his parole date in the next 3 weeks?

Asked on May 6, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay well first you need to make sure that he can not come near the house or your granddaughter.  See if the law in your state would allow for a restraining order or order of protection. Next, you are going to have to have papers prepared and serve him with them.  I am assuming that he will not contest the matter.  Once he is served he either answers the petition or not and if he does not then you ask for a default divorce.  You have not said if there are assets that are jointly held that have to be distributed.  That could take time.  Good luck. 


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