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Divorce w/o any problems.

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msunderstood_ga

Junior Member
What is the name of your state (only U.S. law)? GA

My husband is serving a 30 year sentence for committing a lewd act on our daughter, my question is can I go to the clerk of court in the state where I reside in now and apply for a divorce, will the court grant my the divorce without any problem base on his crime.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

My husband is serving a 30 year sentence for committing a lewd act on our daughter, my question is can I go to the clerk of court in the state where I reside in now and apply for a divorce, will the court grant my the divorce without any problem base on his crime.
You absolutely can get a divorce as long as you have lived in the new state long enough to establish residency (usually six months)...and if dad is serving a 30 year sentence for committing a lewd act on your child, you most likely can get his parental rights terminated as well. Whether its important enough to do that depends on how old your child is, and whether his earliest possibility of release for good behavior would be before or after her 18th birthday.
 

msunderstood_ga

Junior Member
I wanna be free!!

So it’s safe to say that I do not have to spend money on a lawyer? I have been living in ga going on 8 months, our daughter is 15yrs old, the only reason I’m asking I have spoke with a lawyer in SC and he told me that I would have to pay extra for a lawyer to represent husband because he is in prison, I spoke with another lawyer here in ga and she told me that once I filed and she served him in prison that he could deny the divorce and I would have to pay her extra she said that he has right as well. Should I just wait until another prisoner shank him or cut him a new butt.
 

mistoffolees

Senior Member
So it’s safe to say that I do not have to spend money on a lawyer? I have been living in ga going on 8 months, our daughter is 15yrs old, the only reason I’m asking I have spoke with a lawyer in SC and he told me that I would have to pay extra for a lawyer to represent husband because he is in prison, I spoke with another lawyer here in ga and she told me that once I filed and she served him in prison that he could deny the divorce and I would have to pay her extra she said that he has right as well. Should I just wait until another prisoner shank him or cut him a new butt.
No one said you wouldn't have to spend money on an attorney.

First, you have to consider whether you can handle it on your own for your own filing. In order to do so, you need to become familiar with the laws and procedures in your state. If you're not comfortable doing that (and particularly if you plan to ask the court to terminate his marital rights), you should hire your own attorney.

You may well end up paying for his attorney, as well since he's not earning any income and you (presumably) are. Even when one person isn't incarcerated, the person with higher income can be asked to pay the other person's legal expenses. But, again, you need to research the practice and laws in your state.
 

LdiJ

Senior Member
So it’s safe to say that I do not have to spend money on a lawyer? I have been living in ga going on 8 months, our daughter is 15yrs old, the only reason I’m asking I have spoke with a lawyer in SC and he told me that I would have to pay extra for a lawyer to represent husband because he is in prison, I spoke with another lawyer here in ga and she told me that once I filed and she served him in prison that he could deny the divorce and I would have to pay her extra she said that he has right as well. Should I just wait until another prisoner shank him or cut him a new butt.
I would suggest giving it a try without an attorney. Your courthouse will have the forms available to do so.

Your worst case scenario there is that you don't succeed and you will be out the filing fees and that you will end up having to hire an attorney. Your best case scenario is that you get divorced.

Your daughter is old enough that you don't have to consider her in the equation, and it doesn't sound like you have any significant property or debt to deal with, and he won't be of any use regarding debt anyway.

If I am wrong about property, then you really do need an attorney now.
 

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