Divorce when one party is in jail

[valeriek]

I live in the state of California. Eight years ago I married a man who was currently in prison. He is still in prison and has been for the duration of our marriage. I am seeking a divorce. We have no children, no joint property and I am seeking a no fault divorce, I plan on filing directly with the courts in San Diego, CA. I need to know if I need his consent to file this action. I do not want him to know where I currently live. Should I just file the paperwork? Or does he need to sign the paperwork as well? Is there a way to disolve the marriage without me having to make direct contact with him? I am on a very limited budget, i can not afford an attorney to do the paperwork for me. Any advice would be most welcome. Thanks!

[I AM ALWAYS LIABLE]

Originally posted by valeriek
I live in the state of California. Eight years ago I married a man who was currently in prison. He is still in prison and has been for the duration of our marriage. I am seeking a divorce. We have no children, no joint property and I am seeking a no fault divorce, I plan on filing directly with the courts in San Diego, CA. I need to know if I need his consent to file this action. I do not want him to know where I currently live. Should I just file the paperwork? Or does he need to sign the paperwork as well? Is there a way to disolve the marriage without me having to make direct contact with him? I am on a very limited budget, i can not afford an attorney to do the paperwork for me. Any advice would be most welcome. Thanks!

My response:

Gee, I wonder why the marriage didn't work.

No, you don't need his permission to file, or to get a divorce. However, you're going to need two items - -

1. A P.O. Box (so he won't know where you live);

2. A "How To" book on the subject from Barnes & Noble bookstore.

3. A little more common sense for the future.

I lied, that was three items.

IAAL