Seeking divorce from incarcerated spouse

[socialworkerNJ]

What is the name of your state?New Jersey

I am a social worker in NJ and have an indigent client seeking a divorce from her husband who is currently incarcerated (1st of a 5 year sentence). They have been separated for 1 year as a result. Husband has stated he will not sign divorce papers. They have two young children. Client cannot afford legal representation. What advice can I give her?

 

[LdiJ]

What is the name of your state?New Jersey

I am a social worker in NJ and have an indigent client seeking a divorce from her husband who is currently incarcerated (1st of a 5 year sentence). They have been separated for 1 year as a result. Husband has stated he will not sign divorce papers. They have two young children. Client cannot afford legal representation. What advice can I give her?

She doesn't need his signature to get divorced. It just won't be as simple as it would be if he signed the agreement. This means that she will need to take it in front of the judge. Has she tried Legal Aid? They may be able to help her.

 

[bluesman203]

First of all, because she's indigent, she should seek help from legal aid, there should be a phone number in the local phone book. If not, she can contact the Bar Association in her state and they should be able to refer her to legal aid.
Second, I'm not familiar with the laws in her state, but in most, if someone petitions for a divorce and they do not respond, the divorce becomes binding regardless.