We have been separated for a little over a year. I filed for a divorce (while he was incarcerated) and he refuses to give me one. Now he has been deported and still want to fight for property and custody,
Criminal Defense Attorney
Was he ever served? You could have had him served while he was incarcerated. Likewise, you could have him served in another country. If and when he was served he has to file an answer. If he fails to file an answer then you can get a default judgment. If he does answer then you can litigate the case. If he fails to attend the trial then it should be fairly easy to present your case.
This is not to be considered legal advice nor does an attorney-client relationship exist.
You can still get a divorce. You may not be able to resolve all the issues completely but you should be able to get divorced and get primary residence of the children. If you have not served him with the papers by a process server, that is the first step. He has 20 days to respond. If he doesn't you get a default judgment. If you cannot find him to serve him after diligent searching you can publish the divorce. If he does not respond, you will need to file a Motion for Clerk's Default, when that is granted, you file a Motion for Default Final Judgment and go to a hearing and get your divorce. Good luck.
B. Elaine Jones, Esq.
Family Law Attorney
I agree with Ms. Jones. Make sure you do the service process correctly so the divorce can take place without any problem. Good luck.
This is a general response to a general inquiry and is not intended to for any type of relationship, including but not limited to an attorney client relationship.