This appears in the CRIMINAL DEFNSE practice are, I'm going to change it to Family Law practice area so more avvo attorneys may respond.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
For a divorce to be allowed, both parties have to have notice of the action. So long as the notice requirement is met, and the residency requirement is met by one of the parties, the action may proceed.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
A divorce is a lawsuit that requires the respondent to be served or for the respondent to "sign" and waive service. Whether you are in incarcerated or not there are two general types of divorces: contested and uncontested. Uncontested means the two parties have resolved and agreed to all issues. That there is nothing left to dispute. The agreement is put in writing along with a series of other required documents and they are filed. After the court reviews the documents, the divorce is finalized. A contested divorce proceeds similar to any other lawsuit, with required court dates and hearings to decide the issues.
The information you obtain from me at this site is not, nor is it intended to be, legal advice. No attorney client relationship is created by me answering your questions. This is general information only and you should consult an attorney for advice regarding your individual situation. I am an independent licensed to practice law in Florida and Kentucky. My office is located in northern Kentucky.
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