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Divorcing a prisoner incarcerated at Cummins Unit Max-representing self.

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Would the judge grant a divorce in this situation with out a signature?


  • Total voters
    1

xylene

Senior Member
if both parties agree to the divorce.
I'm not convinced this is a simple divorce, however much the OP wants or needs it to be simple.

It is possible, very possible that her incarcerated spouse doesn't agree. We only have HIS word he didn't receive it

It's possible the warden is being stubborn. Or it is possible they blanket refuse certified mail not addressed to him.

There is a lot of info not at hand, and people do funny things when they are incarcerated. So do institutions of incarceration.

There are strict policies that vary, sometimes arbitrarily, from prison to prison, even day to day. An inmate is supposed to get legal papers. Why they are not doing this is already a problem.

A person on the outside, with no legal connections, no inside knowledge, worried about work... is going to find that morass hard to navigate
 


Zigner

Senior Member, Non-Attorney
Actually no it wouldn't. Because the post office is the one serving the person.
I stand corrected:

(D) in the event of service by mail or commercial delivery company pursuant to subdivision (g)(1) and (2) of this rule, the plaintiff or an attorney of record for the plaintiff.

https://www.arcourts.gov/rules-and-administrative-orders/court-rules/rule-4-summons

EDIT:
Even though the OP can mail it in general, she won't be able to do so for an inmate, unless he has specifically desiginated someone at the prison as his agent...and I doubt that the prison will accept such a designation:


(1) Service by Mail. The plaintiff or an attorney of record for the plaintiff shall serve process by mail only as provided in this paragraph.
(A)(i) Certified mail shall be addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or the agent of the addressee. The addressee must be a natural person specified by name, and the agent of the addressee must be authorized in accordance with U.S. Postal Service regulations. Notwithstanding the foregoing, service on the registered agent of a corporation or other organization may be made by certified mail with a return receipt requested.
(ii) Service pursuant to this paragraph (A) shall not be the basis for the entry of a judgment by default unless the record contains a return receipt signed by the addressee or the agent of the addressee or a returned envelope, postal document, or affidavit by a postal employee reciting or showing refusal of the mailed process by the addressee. Failure to claim mail does not constitute refusal for purposes of this paragraph.
(iii) If delivery of mailed process is refused, the plaintiff or attorney making service, promptly on receipt of notice of the refusal, shall mail to the defendant by first-class mail a copy of the process and a notice that despite the refusal the case will proceed and that judgment by default may be entered for the relief demanded in the complaint unless the defendant appears to defend the suit.
(iv) A judgment by default may be set aside pursuant to Rule 55(c) if the addressee demonstrates to the court that the return receipt was signed or delivery was refused by someone other than the addressee or the agent of the addressee.
 

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