6 Responses to “How do I file for an uncontested divorce with my husband being incarcerated at the time?”

1. des on July 24th, 2009 3:20 pm
   

   Divorce Feedback: Depending what state you live in, pretty much the papers should still go to him you just need to let the clerk know where to send the paper.
2. migamw on July 25th, 2009 4:52 am
   

   Divorce Feedback: Depends on the state.I was divorced without my ex in court,but it was contested the first 2 times I sent it up to the judge because he wouldnt agree to what the papers said,so be aware unless you know for certain he isnt going to contest it.May be a longer ride than you think.Good Luck!Best bet would be to call your county attorney for advice which is usually free.
3. kelannde on July 27th, 2009 1:17 pm
   

   Divorce Feedback: Most states don’t require either parties to be present, actually.

   You need to google Divorce and South Carolina - and contact an attorney.

   I wouldn’t send any wedding invitations yet, either - you think it will be uncontested, but it doesn’t sound as if you’ve actually discussed this with your soon-to-be-ex… what are you going to do if he contests it?
4. Nicole on July 28th, 2009 1:15 am
   

   Divorce Feedback: If you’re a resident of SC, you would file there. SC allows a no fault divorce if you have been living separate and apart without cohabitation for 1 year.
   The process isn’t much different even with him being in jail. You would file the papers, serve him (have him served), and wait for his response. Depending on his sentence the judge may or may not allow him to contest the divorce. If he contests, then you’ll need to seek the help of a lawyer to get it finalized.
   There is also a 90 day waiting period in SC after you file. Meaning you have to wait 90 days from the day the divorce papers are filed through the court before it will be finalized and you’re able to remarry.
5. RRC on July 31st, 2009 1:50 am
   

   Divorce Feedback: What county do you live in?
   Some of the Counties of SC have different rules on how to file.

   Carol S.
6. uncontested divorce on August 6th, 2009 12:01 am
   

   i have a relative also from South Carolina. According to her the uncontested divorce could be obtained for less than a year.

   Here are the things you have to consider before filing an uncontested divorce:

   1) Separated for at least one year prior to filing.
   2) SC resident(s) for one year prior to filing.
   3) No dispute over property, assets, or debt.

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