Is it true that after 2 years of living apart as man and wife, you can get divorced without the other partner signing papers?

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Is it true that after 2 years of living apart as man and wife, you can get divorced without the other partner signing papers?

I’m from the UK; my man is from TX. He said that he cannot divorce his wife until he is released from prison; he’s been in therefor  8 years. Could he have gotten divorced during that time? He told me it costs money and that he has to wait until his release. Is this really the case/true? He’s currently incarcerated in SC; his wife/ex is living in TX.

Asked on August 31, 2010 under Family Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

There are different parts to this question so different answers for guidance. First, you can get divorced while you are incarcerated.  I know of no law anywhere that would limit a persons right in such a way.  It would be challenged as unconstitutional to say the least.  As for the part about it costing money, yes, he would be correct. If he were the one starting the divorce it would cost him money to get a lawyer or draw up the papers and at the very least in filing fees.  You can get divorced without a party consenting or "signing the papers" if the other party "defaults" meaning that they were properly served with the paperwork, refused to answer and the judge decided the matter without them involved in the process. Good luck.


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