When served divorce papers in prison can someone refuse to sign them?

Asked over 5 years ago - Shelton, WA

Can someone refuse to sign divorce papers while incarcerated?

Attorney answers (3)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Being imprisoned does not lessen the imprisoned person's rights in a civil proceeding.

    The imprisoned person can still dispute whether the proposed division of assets and debts is just and equitable.

    If there are dependent children involved, the imprisoned person can still dispute the proposals regarding child support and parenting.

    Both spouses should review their facts with separate attorneys.

  2. Michael John Gainer

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes, you can refuse, but then the other side can proceed to court to get the relief being sought. this would be through a motion for default or the other side appearing at trial and you not appearing. Then, the other side gets what they want. You would have to hire an attorney to appear for you, but your testimony would likely not be heard unless the court allows you to appear through a deposition or transfer to court for trial. Most judges do not allow a transfer for civil cases. You may want to consider the above and try and negotiate with the other side. It would be less expensive for both of you to settle.

  3. Margery Ellen Golant

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, you can refuse to sign them. Your spouse can probably still get the divorce, but will have to proceed differently.

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