Both the male and female are currently incarcerated in Dauphin County Prison, in Harrisburg Pennsylvania. He is interested in filing for divorce and although she told other people she does not care and wants a divorce to he is not sure if she will try to fight the divorce. They have only been married about a year and a half and they have no property or anything like that. He is not working due to his incarceration so he will not be able to afford a lawyer. He asked me to find out information on how he can go about getting a divorce since they are both currently incarcerated and neither of them know for how long.
In spite of the fact that both spouses are incarcerated, this is not a "Criminal Defense" question. Repost the question under the "Divorce" practice area to bring it to the attention of attorneys likely able to respond authoritatively to the question.
Without funds, his best bet is to probable wait until he is released. From that juncture he can seek out indigent counsel to represent him (and serve his wife if she is still in prison.)
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If you can get married in prison (which you can) you can get divorced there too. He or she should contact their Prison Law Office liaison for pro bono help in getting it done.
I agree with Mr. Jones speak to an Avvo divorce attorney.
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You can get divorced. Without funds, you may qualify for in forma pauperis status as well. You should speak to your counselor or someone from the prison law library about filing a petition first seeking in forma pauperis to file your divorce. You may be able to file both the pro se divorce and the in forma pauperis at the same time.
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