How to divorce someone in jail?

If my estranged husband has been incarcerated and he does not sign the presently uncontested divorce agreement, can it still be granted to me by the courts?

Asked on July 30, 2012 under Family Law, New York


Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Regardless of whether or not your incarcerated spouse signs any divorce documents, you can still pursue your divorce.  You would need to file your divorce action in court and have your spouse served at the correctional facility.  Your spouse will have thirty (30) days to file an Answer, and then you can requrest a hearing date.  An experienced attorney can assist you with this action.

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