How to file for divorce from prison?

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How to file for divorce from prison?

My friend is currently incarcerated in a FL prison. He is wanting to file for divorce. Does he need to file in the county he is currently in or the county he lived in prior? He will be returning to the prior county. If he is not able to attend the court hearing, can he designated someone by way of power of attorney?

Asked on July 13, 2011 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most States in this country, the location for filing of a legal proceeding is determined by statute. Since your friend is incarcerated in a Flordia prison, typically he would be required to file his divorce action in the county and State of where his wife is located/living as a general rule.

He can probably get forms from the prison library (and assistance for completing the form) for his divorce action. Potentially he wife also wants a divorce and if so, they can cooperate with each other in filling out the necssary paperwork to expedite the divorce.

Some counties and States allow parties to attend court proceedings through the telephone so a personal appearance is not needed at a court hearing.

 


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