I believe it is possible to proceed the trial if one person in jail. However, my question is that will it make any differences in the judges decision on alimony and child support?
If there is an agreement in place and the incarceration was not expected, the agreement could be subject to alteration. If there was no agreement prior to incarceration, the Court will likely take into account the change in circumstances when making its final ruling.
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It is possible to proceed, even if one party is incarcerated. Remember however that notice must be given to the opposing side. The incarcerated individual then can take actions to be brought to the courthouse for the hearing date or the Judge may order that this be done.
As regards the financial orders, the incarceration will be considered. On the one hand, the incarcerated individual has little by way of expenses, but on the other hand, has little by way of income. This could have an impact on the financial orders. There are many factors to be considered, including earning capacity, reason for incarceration, income from assets, rental income still received even if incarcerated. You should seek legal counsel as to how to approach the issue.
As was stated you can proceed. The court will summon the inmate. Incarceration may change final orders. Even if you have an agreement either party can renounce it prior to the judge accepting it. Also, his finances are impacted. You may want to establish earning capacity to establish orders that accrue and then become payable at release. You may also seek an extended alimony time period.
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