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Can I divorce my husband while he is incarcerated?

Dixon, KY |
Filed under: Divorce

My husband is in jail for 6 months. I want a divorce, we have 2 kids and have been seperated for two years. We have no assets together. Only debt he has left me with. Can I get a divorce and put the debt on him since I make less than $600 a month and get no child support, and havent since last thanksgiving?

Attorney Answers 2

Posted

I am a Washington attorney and have no knowledge regarding the laws, rules or procedures in the State of KY. If your matter was taking place in WA, my response would be as follows:

Yes. You can have him served in jail. He can certainly defend against whatever it is you're asking though.

I recommend you confer with an experienced divorce attorney in your area.

DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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Posted

You can certainly file for divorce. As to what you mean by "put the debt on him" - that's not clear. You should consult a local divorce attorney and discuss your situation in detail.

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