How can I get a divorce if my husband is in jail

Asked over 4 years ago - Camp Lejeune, NC

I got married april 2008 in PA and not even 2 months later i caught him cheating with someone who ended up being underage and he is now in jail and has been for 2 years and has 2 more years left. he agreed to sign divorce papers but i am still confused on how to go about getting a divorce with him in jail. we have no kids or property. right now i am temporarily living in NC. Any information would be greatly appreciated.

Attorney answers (2)

  1. Robert Anthony Hartsoe

    Pro

    Contributor Level 11

    Answered . You file for divorce as usual, serve him in jail by sheriff, once served, set the matter for hearing and appear with the right paperwork. Suggest you hire a local attorney to help you. Should be around 200-400 to get everything done if just simple divorce and no property division or children to deal with.

  2. Lloyd T. Kelso

    Pro

    Contributor Level 14

    Answered . It appears you have been separated for more than one year, so you meet the grounds for divorce in North Carolina. However, you must have also been a resident of North Carolina for more than six months before you file your case for absolute divorce. It is not clear that you are a resident as you describe you living in North Carolina as "temporary." Also, it is unclear where your spouse is incarcerated. I agree with Mr. Hartsoe that he can be served in jail. Just make sure you meet all the criteria for divorce before filing.

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