Divorce while other party incarcerated

Anon Imperfect Mum

Divorce while other party incarcerated

I left my ex a long time ago. There has been 2 years of no contact. I want to apply for a divorce, preferably while ex is incarcerated so I don’t have to have any contact.

How do you serve someone in jail? And what would his involvement be? Would he still have to have his court attendance or whatever it is?

We are in different states. We have children together.

Posted in:  Relationships & Marriage

4 Replies

Anon Imperfect Mum

Google came up with this for NSW. Google how do I divorce someone in jail + your state. https://www.legalaid.nsw.gov.au/publications/factsheets-and-resources/di...

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Anon Imperfect Mum

This requires actually finding out information. Like who is in charge of the prison & his inmate number. I didn’t want to have to do any of that...
There doesn’t seem to be any specific information for my state, but marriage and divorce is federal so probably all the same.

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Anon Imperfect Mum

You will have to find out information and serve him. Personally I'd much prefer doing it through them than directly to him when he's out. And no id bet he wouldn't get out of jail to attend it, he wouldn't be able to attend, win win.

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Anon Imperfect Mum

Yep, you won’t have a choice. At least you won’t have to have contact with him.

Otherwise you will probably need to see a lawyer.

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