Can my wife divorce me while I am incarcerated?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my wife divorce me while I am incarcerated?

I am incarcerated in another state. My wife told me she has filed for divorce but I have received no papers. Can she divorce me without any legal notification? We have 2 children.

Asked on December 6, 2010 under Family Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, she can divorce you while you are incarcerated.  She may have filed and told you but you have yet to be served with the paperwork.  It is in fact easier for you to be served because she knows exactly where you are.  Once served you will need to put in an answer to the Petition.  You should consult with an attorney on the matter.  It may be best for you and your wife to come to come agreement as to the children and assets.  Fighting it out is never good for anyone.  There are laws that deal with child support standards and visitation is generally not denied a parent but what you are incarcerated for may weigh in the standard used: the best interests of the children.  Get help.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption