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

[LindseyMariah]

I have already filed for divorce, but I had to cancel my court date Wednesday, because nobody can answer this simple question for me....

Okay, my husband is in Cummins unit prison. I sent certified papers with a mail receipt to the warden and it was refused, this is the second time I've sent the papers, the fist time I addressed the paperwork to him directly, but it wasn't certified with a return receipt because the mailing address is a P.O. box. and He called and told me they didn't give them to him because there were to many pieces of paper in the envelope... I wanted to know if the judge would grant the divorce without his signature. we never lived together, no children during marriage, we both want the divorce and the reason I filed was separation of more then 18 months. I was married Sep. 25 2015 and he has been incarcerated for felony charges since Nov. 2015. I don't want to take off work twice if the judge doesn't grant the divorce. Can you help me get these papers served? How much?

 

[Zigner]

Have the local sheriff serve it - or have a process server serve it. YOU can't serve it, which means that, even if he had received it, it wouldn't be valid service.

 

[Just Blue]

I have already filed for divorce, but I had to cancel my court date Wednesday, because nobody can answer this simple question for me....

Okay, my husband is in Cummins unit prison. I sent certified papers with a mail receipt to the warden and it was refused, this is the second time I've sent the papers, the fist time I addressed the paperwork to him directly, but it wasn't certified with a return receipt because the mailing address is a P.O. box. and He called and told me they didn't give them to him because there were to many pieces of paper in the envelope... I wanted to know if the judge would grant the divorce without his signature. we never lived together, no children during marriage, we both want the divorce and the reason I filed was separation of more then 18 months. I was married Sep. 25 2015 and he has been incarcerated for felony charges since Nov. 2015. I don't want to take off work twice if the judge doesn't grant the divorce. Can you help me get these papers served? How much?

What state?

No one here can personally assist you with this...although some volunteers may be able to offer you direction to get it done.

Please read the
TOS so you have a better idea of what the purpose of this site is. Thanks...

 

[Zigner]

What state?

No one here can personally assist you with this...although some volunteers may be able to offer you direction to get it done.

Please read the
TOS so you have a better idea of what the purpose of this site is. Thanks...

A web search for "Cummins unit prison" yielded a result of "Arkansas".

 

[Just Blue]

A web search for "Cummins unit prison" yielded a result of "Arkansas".

But OP could be anywhere. A guy I once knew committed a series of arsons in AZ, was tried and convicted there but served his time in OK.

 

[quincy]

But OP could be anywhere. A guy I once knew committed a series of arsons in AZ, was tried and convicted there but served his time in OK.

Service would be at the prison in Arkansas, though.

 

[Just Blue]

Service would be at the prison in Arkansas, though.

Couldn't OP serve his attorney?

 

[quincy]

No attorney was mentioned.

 

[Mass_Shyster]

Service would be at the prison in Arkansas, though.

However, the service would have to comply with the Rules of the court with jurisdiction. For example: If plaintiff lived in Mass, service by first class mail is all that's required for an out of state defendant.

 

[Zigner]

But OP could be anywhere. A guy I once knew committed a series of arsons in AZ, was tried and convicted there but served his time in OK.

The OP mentioned that she is filing based upon a separation of 18 months. That is one of the "fault" reasons that folks in Arkansas have available in order to obtain a divorce. I'm comfortable that the OP is also in Arkansas

 

[quincy]

However, the service would have to comply with the Rules of the court with jurisdiction. For example: If plaintiff lived in Mass, service by first class mail is all that's required for an out of state defendant.

The warden is refusing mail service.

 

[xylene]

I would strongly suggest the OP needs to consult with an attorney.

And be prepared for more than one court date.

 

[Zigner]

A competent process server or the local sheriff will know how to serve an inmate.

 

[quincy]

I would strongly suggest the OP needs to consult with an attorney.

And be prepared for more than one court date.

An attorney is not really necessary for a simple divorce - no children, no shared property - if both parties agree to the divorce.

 

[Zigner]

An attorney is not really necessary for a simple divorce - no children, no shared property - if both parties agree to the divorce.

While I agree with you in general, if the OP is unable to figure out how to get the guy served, then it might be wise to consult with an attorney. As for planning for more than one court date, that is a wise thing to do no matter what.