Skip to main content

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

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?

+ Read More

Attorney answers 6


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


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 ( 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 rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.


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


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.


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 provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


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, Texas. This does not establish an attorney/client relationship.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer