If my ex-husband is in jail and I’m filing for divorce myself, what steps do I need to take to ensure it’s done correctly?

UPDATED: Sep 30, 2022

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If my ex-husband is in jail and I’m filing for divorce myself, what steps do I need to take to ensure it’s done correctly?

We were married 3 years ago. He went to prison 4 months later. I ceased contact

with him almost a year later. He got out 7 months ago but got re-arrested 4 months ago and is in county at the moment. I need detailed instructions on how to correctly file and in what order to ensure its done correctly. I would also like to know how I can file without him knowing my address. I would also like to request a protective order. Would that be done through the courts or will I need to find another avenue to pursue that? I cannot afford a lawyer and would like this done right so it won’t come out later down the road with it not being done right.

Asked on February 22, 2017 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since your is a bit of a complicated situation, you really should have legal representation. As money is an issue, see if you qualify for legal aid or see if there is a law school close to where you live that runs a free/low cost clinic. Finally, your county/state bar association might have a list of attorneys who take divorce cases for reduced fees, depending on income and circumstances.

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