Divorce from someone in prison

[lsmulvihill]

My niece is trying to get a divorce from her husband in California. She has had to flee for safety to another state with her daughter. She already has sole custody, and the husband is in prison. They have been seperated for over a year. She has been told she must return to make an appearance in court for the divorce to be final as the husband will not sign the papers, However she is afraid of his family, and has restraining orders issued to some of them that have been violated in the past with no action. If she goes back to California she will have to come out of hiding and they will know where she is. Could she not just have her lawyer appear in court for her, with an affidavit?
Any advice would be appreciated.
lesley

 

[LegalBeagle]

Silly question time.. but if she has an attorney, why not ask him?

 

[lsmulvihill]

Although she does have an attorney who is helping her with the divorce it is a legal aid type situation and the attorney is very difficult to even get in touch with. She can wait weeks literally for a return phone call. This is not to put down the attorney who has been a godsend, but she works for the state and is so busy we are trying to do some research on our own and see if there are any other options to what she has been told so far?