How can a person obtain a divorce if they are incarcerated?

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How can a person obtain a divorce if they are incarcerated?

What should a person do if they are incarcerated has filed for a divorce as indigent all paper work was completed and approved as indigent but now the court is saying that they must appear for the divorce to be final or obtain an attorney to represent them? A writ was filed so that the person could appear in court but the writ was denied stating that the person had to have an attorney appear or the divorce could not be granted. The key point is the person is indigent and the paperwork was approved as indigent so how are they to obtain an attorney?

Asked on March 23, 2012 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

You make a very valid point.  It does seem as if this reasoning is cyclical.  But what about requesting legal aid to appear?  If the person as indeed declared as indigent then they would qualify for legal aid.  Otherwise borrow the money and strike a deal with ana ttorney for a one time appearance to reporesent you on a flat rate basis for the divorce.  Good luck.


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