My friend is in jail and is trying to divorce his wife. His wife says she will not divorce him and refuses to any divorce papers. He wants to know is there a way of getting it done with out her? Or should he file for legall separation that'll end up to getting a divorce?|||when our criminal ministers can fight election remaining in jail then why cant a common man fight case of divorce remaining in jail .yes he can|||He can file for divorce, and serve her the papers however she can contest even though she's in jail. The only way to get a contested divorce finalized is by using a lawyer, he will NEED a lawyer otherwise he'll never be divorced.
He can file for legal separation however from my understanding she would have to agree and sign those papers as well.
It comes down to this....if she contests he'll need a lawyer to get it finalized, no matter what.|||have him file for divorce, legal separation is just a waste of paper and time. have the county sheriff or local police dept serve them to her they keep records of papers served and if she refuses the papers from them they will make note of it and she will miss her court date. and the divorce will go through you can hire a process server to do the same but the police department will be the less of the 2|||You want to compell(and expell) her for divorce.Even if you will file for divorce under sec 13 HMA and if she is not willing to give it ,you will not get it .Trust me.
So better is to use or money to come out and leave happy married life with one who still want to leave with u .As no good girl will like to marry a convicted person.|||Hire a process server! Don't tell her the papers are coming or of course she won't accept them! A process server will wait for the perfect time and surprise her. She won't know what hit her. There is no reason to file for separation. That will just prolong the divorce and cause more paperwork for no reason.|||Let us see; "Your friend is in jail, and he wants to surreptitiously divorce his wife without her complete knowledge and consent"? It sounds like your friend needs to stay in jail, and she needs to kick him to the curb. All states need permission from both parties to a divorce.|||File separation papers , In Australia you can get a divorce after one year of separation with or without the other party permission|||He should file for legal separation. In the UK you can get a divorce after 5 years of legal separation if the other person does not sign|||File for a legal separation, he has time to spare anyhow.|||I think both parties have to agree.|||She has every right to want to keep her husband around and I hope she wins.|||He should probably write a letter to a Legal Aid Lawyer and find out
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