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How do you get a divorce while in prison if the other person won't sign the papers?
Anonymous1 views1 answers
My son had papers drawn up in prison (AR). and they were notarized. He sent them to me and I took them to his wife where she works because I didn't know where she was living. She said she'd call me after she read them. She has no phone. It's been 3 months. I went back to her place of employment and was told she wasn't there that day, and that friends or relatives are not to come there or it could jeapordize her job. He has a chance to get the divorce free while in prison. There are no children, property or monies they have. They haven't even been married a year. Does he have to wait until he's out of prison to file?
His wife does not have to sign the papers in order for your son to get the divorce.
I'm not sure where he is in the process, in that you stated that he has had papers drawn up and notarized, but then you indicate that he hasn't filed for divorce yet.
Once his divorce complaint is filed, he will need to have that and a summons served on his wife. If she won't sign for the summons and complaint he can have a sheriff or private process server serve the papers on her.
If she does not respond in the time allotted after she has been served (20 days if she is an in-state resident), your son may ask the court to declare her to be in default and grant the divorce.
If his wife does not contest the divorce SOME judges will allow the person seeking the divorce to give their and their witness' testimony by sworn affidavit instead of appearing in court for a hearing.
If his wife contests the divorce or if the judge wants a hearing, he will be faced with the problem of trying to secure transport from the prison to the courthouse.
