How can I divorce an unwilling spouse that’s in prison without costing me an arm and a leg?

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How can I divorce an unwilling spouse that’s in prison without costing me an arm and a leg?

My husband went to prison over 2 1/2 years ago on a 15 year sentence. I want a divorce but there is not doubt in my mind that he will refuse. Lawyers that I have previously spoke with said it will cost $600 for a divorce but if he contests I have to pay to transport him to my county for the court date; at that point I’ll be charged on an hourly basis which will be added to the $600, plus transport. I want it fast, easy and cheap.

Asked on June 21, 2012 under Family Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file. If you want the divorce, go to legal aid and see if there is any other method for you to serve him and not have to pay transport fees. I don't see why you have to pay transport fees other than because you are the petitioner but his refusal won't matter. You have every right to divorce. If he contests, it is up to him to come to court but you would not have to be forced to stay in the marriage.


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