How to file for divorce from prison?

UPDATED: Jul 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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 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 lock Secured with SHA-256 Encryption