Can I get divorce while I'm in Prison ?

Asked over 1 year ago - San Antonio, TX

My bother is in prison serving two years and was wondering if he could get divorce while being in there and how can I help him on the outside while being in there.

Attorney answers (2)

  1. Jeremy Davis Brown

    Contributor Level 6


    Lawyers agree

    Answered . Yes he can get a divorce in prison. I have handled a divorce recently for an inmate however, as the initial contributor stated, if there is property or children involved, he may want to wait. His ability to make appearances and prepare for any contested hearing is severely hampered. If it is just an agreed divorce, or no property of consequence and/or children to be dealt with, you can have his wife file the divorce and get a waiver to your brother to execute so she can handle it. Even if your brother files it from prison, his wife will have to attend the prove up hearing at the end, meaning that her cooperation is going to be necessary to some extent no matter what.

  2. William Tyler Moore Jr


    Contributor Level 19


    Lawyers agree

    Answered . So much depends on the particular facts of the case. If he has property or kids or a disagreeable wife, perhaps he should wait to make parole. He may need to appear before a judge to get what he wants. Being in the joint, he can't do that. You would have a difficult time doing it for him.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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