My spouse is in prison. I want to get a divorce. Can I file it with the court before he signs the papers and them serve him?

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I know I can fill out the divorce packet, we have no property, debts, assets, children, no anything. Do I need him to sign them before I file it? Or can I file it with the courts and the courts serve him? I have no idea what to do and I am on very low income and most of the divorce attorneys in my area are charging around $1200.

Attorney Answers

2
Christina Tobin ·
The Couty Court Clerk cannot give you legal advice but can tell you what to do procedurally. They may have a packet you can purchase with the necessary paperwork as well.
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Nicole Prebeck ·
To answer some procedural issues--you can go ahead and file the divorce petition and have it properly served, then send him the rest after he's been served. OR you can have him sign it all, if he's in agreement, and file it at once. It won't get finalized until after the proper time requirements are met. So, it may be your choice. I'm not sure what legal aid helps Hopkins Co, but my guess it would be based out of Owensboro, so you may google to find out, as they may be able to assist you for free.
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