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

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. 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.


  2. 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, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.


  3. 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.


  4. 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 of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question. If you would like to consult with me privately, you may do so.


  5. 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 Pennsylvania. There is no attorney client relationship created by this email. This response is provided for advertisement purposes only and should not be construed as legal advice upon which one should rely for the purposes of litigation, establishing a course of conduct, or representation. Responses are limited by the constraints of AVVO and, therefore, all issues presented should be discussed in full with an attorney who specializes in your field of inquiry. To discuss your case more fully, please contact us at www.shafferengle.com (Criminal Law and Personal Injury) or www.pennfamilylawyers.com (Family Law).


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

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