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what do i do
my wife is in prison and i want a divorce
Asked on May 11, 2009 under Family Law, North Carolina
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can divorce someone who is incarcerated. You just initiate proceedings the same as in any divorce. However, when you file a complaint the most important thing that must happen is that the defendant is served. Therefore, it is common practice to place an address in the complaint where the defendant resides. In this case you may list the person's address where they live when they are not in jail, but you must also make sure to place the location of the jail on the summons or at least let the marshal who is serving it know exacly where the defendant is so that you get proper service. Otherwise, you can subject the lawsuit to a dismissal.
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