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Can you get a free divorce if your spouse is incarcerated in FL

Naples, FL |

In heard a friend say as long as the spouse is in jail you don't have to pay any fees, true?

Attorney Answers 4


  1. There is no free divorce unless you qualify as being indigent (poor). If you are indigent and file an affidavit of indigency, then the Clerk of Court in your county should waive the filing fee.

    Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.

    Eileen D. Jacobs, Esq.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595


  2. There is no such thing as a 'free' divorce. As my peer stated, you may be able to get the Court fees waived, but that means you still have to complete all the paperwork and filings and Service, and set all the hearings, just as an attorney would. No one in entitled to free legal services for civil cases in Florida.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445


  3. I agree with my colleagues. While you might qualify to have the filing fee waived if you are indigent, you still will have to deal with either filing the divorce yourself or hire an attorney. If you have no assets or children together than that just might be okay to do. But you would be wise to speak a qualified family law attorney. Good luck!

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  4. There is no "free divorce". Like my colleagues said, you may qualify to have the filing fee waived, which has nothing really to do with your spouse being incarcerated. In short, your friend is wrong.

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