Can I get a dissolution if my husband is incarcerated?

Asked almost 3 years ago - Rittman, OH

he is incarcerated for charges of a sexual nature against my daughter. there is a restraining order against him for me and the children. i cannot afford an attorney as i am a single mother of 6. i want to get this done asap, and want to avoid full divorce if possible due to costs.

Attorney answers (3)

  1. Todd Bruce Kotler

    Contributor Level 16

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    Answered . You need his agreement to do a dissolution. You however can do an uncontested divorce without his agreement and it is not much different than a disolution. The cost difference is also negligible. It is the fact that there are children that adds expense.

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  2. Peter Stephen Kirner

    Contributor Level 16

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    Answered . NO. You cannot get a dissolution as he NEEDS to appear in court for a dissolution to be finalized. You would have to file for divorce, and have his served with the documents. You do face some challenges. If you cannot afford an attorney legal aid may help. They especially help in cases of violence. Otherwise you are on your own and that is never a good situation.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  3. Brian Alan Sommers

    Pro

    Contributor Level 11

    Answered . The only way you can do an dissolution IF he shows up at court. In you case that seems fairly unlikely. So you must file a divorce. The court will set a date. I suggest that you speak to your local court. Some Courts will have a paralegal to assist you.

    Best of luck

    Legal disclaimer: The response does not form an attorney-client relationship. Further, the response is not... more

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