My Wife is in Jail, Do I Have An Easy Divorce?

Question:

My wife and I have been separated for over a year and I have had our child just about all the time. My wife is now in jail on her way to prison.

If I file for divorce now would I have an easy case?

Would they even allow her to show up for court?

And what is the most cost effective way of going about it?

 

Answer:

I cannot comment on whether your divorce will be easy or hard.  However, if she is in prison at the time you file, the courts will generally presume that you should have custody of your child.  This depends on your situation as well.

The question of her showing up in court depends probably on your local county rules regarding transporting prisoners to court.

 

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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