How can an inmate in Dauphin County Prison (Pennsylvania) file for divorce while both parties are currently incarcerated?

Asked 10 months ago - Harrisburg, PA

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.

Attorney answers (6)

  1. John M. Kaman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  3. Mark Copoulos

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.)

    This response is for informational purposes only and does not constitute legal advice. The response is intended,... more
  4. Thomas Kenny

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . I agree with Mr. Jones speak to an Avvo divorce attorney.

    Thomas Kenny tom@askphillylawyer.com 2152668544 Specific legal advice can only be given with full knowledge of all... more
  5. Jeffrey B. Engle

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

    This attorney is a member of Shaffer & Engle Law Offices, LLC (717-545-3032)) and is licensed to practice law in... more
  6. William Ray Pelger

    Contributor Level 13

    Answered . it can be done. all by paperwork. as long as they agree and have an attorney willing to do it.

Related Topics

Divorce

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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