Can a prison inmate file for divorce pro-se?

[Gracie3787]

What is the name of your state? Florida

I usually know Florida laws, but this one has me stumped. My son is in prison and wants to file for a divorce.
His wife outright refuses to file. I can get the forms for him and I know that he can file them by mail. However, the problem is that he will be unable to attend a hearing. Since he'll be the petitioner he'd run the risk of the court dismissing the petition if his wife actually does contest the divorce. I recieved a letter from him today asking me if he gives me POA would I be able to file for him (I already know that I can't, learned that the hard way in hubby's CS case). Since his wife is the reason that he's in prison, and will be for another 15 yrs, he really wants and needs to have closure on a very bad part of his life.

There are no assets, no property, no children, not even a car, just a very vindictive wife who has already threatened to contest, even though she's living with 2 (yes, 2) BFs.

If anyone has any ideas on how he can get this divorce, my son and I will be very grateful.
Gracie

 

[Ohiogal]

He NEEDS an attorney.

 

[seniorjudge]

He NEEDS an attorney.

Agreed.

Since his wife is the reason that he's in prison, and will be for another 15 yrs, he really wants and needs to have closure on a very bad part of his life.

What is the story there?

Could he get some kind of legal aid?

 

[Gracie3787]

Agreed.

Since his wife is the reason that he's in prison, and will be for another 15 yrs, he really wants and needs to have closure on a very bad part of his life.

What is the story there?

Could he get some kind of legal aid?

Thank you for the legal aid suggestion, I hadn't even thought of that possibilty. He is in Sumter County and his wife lives in Polk County, which county should he check with for filing?

The story, in as few words as possible:

11 years ago my son was 18, had a girlfriend, her parents allowed him to move into their home. They told my son, me and my ex that the GF was 17 almost 18. Son was arrested, turns out the GF was actually only 15. Needless to say, my son was convicted as a sex offender, given a sentence of house arrest followed by probation.

Later, he married the now wife.( not the same girl) They were having alot of problems, including his wife having a BF and not being able to stay off drugs. (she's been in and out of prison for years for drugs, theft, forgery, etc).

My son worked on computers in his home, and had 4 computers hooked up to the internet. Well, his wife decided that she wanted him out of the way, so she down loaded porn onto his PERSONAL computer. Then had her BF report the porn to his PO. The police show up one day, while one officer is handcuffing my son, the other officer walks past 3 computers, turns on my son's personal computer- logs on USING MY SON"S PASSWORD, and finds the porn.

Well, it was pretty obvious that he was set up, but he couldn't prove it even after his wife admitted to him that she had set him up. Later, she admitted it to me also. She had a "change of heart" and wanted my son at home. So I told her that she'd need to go to court and be honest about what she did. My son's PD tried to serve her with a subpoena, but she deliberately avoided service. She called me the day before my son's VOP hearing and cried that she hadn't been served yet. I told her to get her little butt down to the sheriff's office to be served. Of course, she refused and did not show up in court. (as my son's attorney said, with a wife like that, my son didn't need any enemies). Consequestly, my son was sentenced to 15.9 years for the VOP. To add insult to injury, he discovered that she is HIV positive and has known since 1988.

Anyway, I can understand why getting a divorce is so important to him, but I just don't know how to help him. I will try legal aid though, maybe that will help.