Yonkers Prison Divorce Lawyers
If your wife or husband is in jail, and you’re looking for a divorce – then we can help. A woman whose husband is in jail may wish to file for divorce so that she can move on with her life and remarry. Many states have laws making it easier for a woman to divorce a husband who is in jail. If this applies to you, we can help you – even if you have no money.
Step 1
Contact our attorneys in order to get more information. We’ll walk you through the steps needed, and what to expect.
Step 2
We will request a copy of your husband’s mittimus, this is the document that formally commits him to jail – from the criminal court in which he was convicted. We’ll complete the divorce filing paperwork and also include a copy of the mittimus to the filing.
Step 3
We will submit the divorce filing to the family court in addition to the filing fees. We’ll find out if the paperwork has to be served to your husband, or whether the court does it in the case of spouses in jail. Either way, we’ll make sure that your spouse is served with the papers.
Step 4
We’ll research all of the laws regarding legal grounds for divorce if your husband refuses to sign the no-fault divorce filing. We’ll do everything necessary to get you the divorce. Most states have criminal conviction/incarceration as automatic legal grounds for an at-fault divorce.
Step 5
We’ll obtain the divorce filing farms, and attach a copy of the statute regarding divorcing incarcerated spouses, and a copy of your husband’s mittimus form. We’ll file this and handle all other filing issues. It’s likely at least one hearing will be held after the filing. It’s unlikely your husband will be transported from jail to attend the hearing.
Step 6
We will secure a copy of the final divorce decree from the corresponding family court.
How do I respond to a divorce summons?
One of the things many people ask about, is how to respond to a divorce summons. When you receive a Summon and Complaint in a divorce action, you have about 20 days to respond to it. Your response, is known as the answer. If you have hired a divorce lawyer to work for you – then he, or she, can prepare and file the answer based on the information you provide. You can file the answer on your own, but it’s suggested you hire an attorney.
First, you should contact your local family court to obtain copies of the response forms. Some have them online, and for some you have to come in person to pick them up. After getting the forms, you have to answer the claims made by the Plaintiff. For each item, you have to either admit, or deny, the claim. You should also include information about custody, and child support if you have children. If you want sole custody of the children, you’ll need to provide a breakdown of the parenting time distribution. This will explain when you want the non-custodial parent to have visitation with the children. If you think you should get child support, state + support the claim in your answer. The amount of support awarded is typically based on the income of both parties.
After this is done, deliver the papers to the county clerk. Bring 3-4 copies of the answer you have prepared with you. The clerk will stamp the copies as filed. The court will take one, for it’s own file. You should keep an additional one for your own records. If your spouse has hired an attorney, then send a copy to the attorney. If your spouse does not have an attorney, then send a copy to your spouse – with a return receipt. Alternatively, you can ask the sheriff or a private process server to serve the answer on your spouse.
