My husband attacked his sister in front of his mother and I . He was arrested and convicted .
You can get an uncontested divorce if your husband agrees to the divorce decree that you propose,
The murder conviction and your divorce are not really related. If he will sign an agreed final decree of divorce, ultimately you can get an uncontested divorce. You will have to either get him served with the petition first or he will have to sign a waiver of service before you can enter an agreed decree. Good luck!
I agree that the divorce and assault are separate issues. If you and your husband are in agreement on all of the terms of the divorce, you can certainly get an uncontested/agreed divorce.
Even if he won't agree, you will still be able to get a divorce -- likely a default. He either won't answer the citation if he is served, and he darned sure won't show up for trial if he does answer. Why not talk to a lawyer about the mechanics.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
Yes. You can get divorced even if there is no agreement. It also does not matter if you are living with him.
Any answer I provide is a general observation for discussion purposes and not intended to be legal advice. My comments do not create an attorney-client relationship and you are not authorized to rely on them in making a decision regarding the subject matter of your question or in determining the course of action, if any, you desire to undertake.
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