My husband has been convicted for multiple felonies how do I file for divorce?

Asked 8 months ago - Denton, TX

He was charged, convicted, and sentenced to 19 years state jail for multiple felonies in which my 9 year old (at the time) daughter was the victim, there was a protective order in place until he was housed, does the divorce process work the same since there are extenuating circumstances?

Attorney answers (6)

  1. Gary Churak

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . You need to speak with a family law attorney. The attorney will know how to handle the situation. Even though he is imprisoned you still get your divorce. In fact being incarcerated is one of the grounds for divorce in Texas

  2. Daniel Lee O'Neil

    Contributor Level 18

    2

    Lawyers agree

    Answered . The divorce should be relatively painless for you. It is suggested that you have a lawyer assist you to ensure that he is properly served with process at prison, and your decree is ready to go (and properly drafted) as soon as it is possible for you to go into court to prove it up after he has been served. If you can't afford a lawyer to assist you you should look into LANWT (http://www.lanwt.org/contact_denton.asp) and see if you are eligible for a pro bono divorce lawyer through them. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  3. Adam Kielich

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Yes, the process will basically be the same. There are minor procedural differences because he is in prison but they are minor (but important) issues that can be easily addressed by working with a divorce lawyer. The real concern here is making sure that your daughter is shielded from him and his family.

  4. Maria Sara Lowry

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Hire a lawyer to help you make sure your child (if she still is a child) is protected. Otherwise, the process remains basically the same - petition, service, decree, prove-up.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more
  5. Dorothea Elaine Laster

    Pro

    Contributor Level 19

    Answered . Hire a Family Law Attorney who practices in Denton. He can be served in jail. You can get orders for no visitation. In this extreme situation, you may ask that his parental rights be terminated, and it may be granted.

    Ms. Laster practices in Dallas, Denton, Collin and Tarrant Counties. Principal office located in Lake Dallas,... more
  6. Nicholas M. Alcock

    Pro

    Contributor Level 10

    Answered . Real this question with a different practice area Divorce/separation. Good luck.

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.

Divorcing someone in prison

Divorcing while a spouse is incarcerated alters several steps, with waiting periods and legal representation all affected by the process.

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