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WORRIEDPAL

Junior Member
What is the name of your state?What is the name of your state? Idaho

Hello. I have a question: My friend was married about a year ago. Her husband has been charged with a felony (I'm not quite sure if it was knocked down to a misdemeanor in plea bargain) and she wants a divorce. He says he won't give her one. She has a four month old baby, and she's afraid he'll fight for custody. Given the nature of his crime, no one wants him to get custody of the baby. So, I was just wondering, since he has been convicted and is serving a sentence, does she actually need his signature in order to obtain a divorce and is there any possible way at all he could gain custody of that baby?
 


LdiJ

Senior Member
WORRIEDPAL said:
What is the name of your state?What is the name of your state? Idaho

Hello. I have a question: My friend was married about a year ago. Her husband has been charged with a felony (I'm not quite sure if it was knocked down to a misdemeanor in plea bargain) and she wants a divorce. He says he won't give her one. She has a four month old baby, and she's afraid he'll fight for custody. Given the nature of his crime, no one wants him to get custody of the baby. So, I was just wondering, since he has been convicted and is serving a sentence, does she actually need his signature in order to obtain a divorce and is there any possible way at all he could gain custody of that baby?
She doesn't need his signature to get a divorce period. It doesn't matter whether he is incarcerated or not. However, it is a little more complex to get one without his agreement....therefore if she can swing an attorney it would be wise.

The odds of him getting custody would be pretty slim....but its going to be up to the judge.....which is another reason why it would be wise to have an attorney.
 

WORRIEDPAL

Junior Member
Thank you for responding. It eases my worry somewhat to know that he doesn't have much of a chance with custody. But -- can he really keep her in a marriage she doesn't want just because he isn't willing to get a divorce?
 

LdiJ

Senior Member
WORRIEDPAL said:
Thank you for responding. It eases my worry somewhat to know that he doesn't have much of a chance with custody. But -- can he really keep her in a marriage she doesn't want just because he isn't willing to get a divorce?
No, he can't keep her in the marriage if she wants out. Again however, it does make a divorce a little more complicated.
 

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