How do I obtain a fast divorce from a husband who is in prison in another state?

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How do I obtain a fast divorce from a husband who is in prison in another state?

My husband in a prison in MO and I live in SC. I need to get a fast divorce from him because I am having a child in 2 months by my current fiance. My husband has been incarcerated dor the last 3 years; we were married in a prison 2 years ago and were only together 9 months before we decided to separate. I have never been with him and did not know him when he was not in prison. We have nothing together and no children. He obviously is not the father of my child and I am worried that my fiance will not be able to be placed on the birth certificate because of this.

Asked on July 20, 2011 South Carolina

Answers:

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

Answered 9 years ago | Contributor

Well congratulations on the upcoming birth of your child! You are right that generally speaking, there is an assumption that a child born during a marriage is the product (for lack of a better word) of the marriage.  But that may not preclude you from being able to list the actual father on the birth certificate or having it legally changed once you are divorced.  I very much doubt that you can get divorced in that short a time frame but maybe soon thereafter.  If your husband is not contesting the divorce then he is easily served with the paperwork - you know where he is - and can probably put in an affidavit accepting service and waive putting in an answer.  This will allow the matter to continue on in an expedited manner.  As for the child, he can sign an affidavit of non-paternity at the same time that the father signs an affidavit of paternity.  There is much paperwork in a divorce, even a "simple" one.   Get help here.  Good luck.  


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