Quick Incarcerated Divorce question

[Anjelita]

What is the name of your state (only U.S. law)? PA

Hi there, quick question.

My husband and I were married in 2001. We have been separated since 2003. Husband abused son in May 09. Criminal charges are going forth for several misdemeanors and a felony 1. Our assistant DA says we have the case in the bag if he doesn't accept a deal, he said the whole process should only take 4 months max. Husband is facing possible jail time. I would like to finally get a divorce, it will cost me about $1000 to do it through my lawyer, and would be started right away. If husband does go to jail, can't I just get a divorce on my own much cheaper because he's incarcerated? Then if he ends up not incarcerated I waited for nothing? Please help. I'd like the divorce asap, but wouldn't mind waiting a few months if it will save me a couple hundred bucks. Not a cheapskate or anything, just a single mom already paying out the you know what for custody legal fees.

Thank you!

 

[Isis1]

What is the name of your state (only U.S. law)? PA

Hi there, quick question.

My husband and I were married in 2001. We have been separated since 2003. Husband abused son in May 09. Criminal charges are going forth for several misdemeanors and a felony 1. Our assistant DA says we have the case in the bag if he doesn't accept a deal, he said the whole process should only take 4 months max. Husband is facing possible jail time. I would like to finally get a divorce, it will cost me about $1000 to do it through my lawyer, and would be started right away. If husband does go to jail, can't I just get a divorce on my own much cheaper because he's incarcerated? Then if he ends up not incarcerated I waited for nothing? Please help. I'd like the divorce asap, but wouldn't mind waiting a few months if it will save me a couple hundred bucks. Not a cheapskate or anything, just a single mom already paying out the you know what for custody legal fees.

Thank you!

not to be silly, but $1K for a divorce is CHEAP!!! mine was going to charge me $2k and he normally charges $5k. (i used to work for him)

you could absolutely do this on your own. you'd have to pay for the filing fees which vary state to state. you'd have to become very familar with your state laws, civil procedures and local rules. take a look at your court website for a self help section.

 

[Anjelita]

thank you so much! I know, 1k is a great deal, and I have an awesome lawyer. It's just that I have an insane amount of legal fees for custody, AND am paying out of pocket for medical expenses right now (son is suffering from post traumatic stress disorder from abuse).

Thanks for letting me know what the going price is though, I will probably go with my lawyer!

 

[mistoffolees]

you could absolutely do this on your own. you'd have to pay for the filing fees which vary state to state. you'd have to become very familar with your state laws, civil procedures and local rules. take a look at your court website for a self help section.

However, she could easily spend hundreds of hours learning all the rules and procedures - and still not get it right. For $1 K, I'd take a second job and put that time to better use.

 

[Anjelita]

ok so my atty just filed!

I signed all the paperwork my atty gave me and my atty filed for a no-fault divorce based upon a two-year separation (we have been separated since 03').

My "husband" was sent the paperwork too.

How long will it take for the divorce to be final if he just signs the papers?

What will happen if he refuses to sign the papers? I have a feeling he will do everything he can to make this as hard as possible for me. There are pending criminal charges against him for abuse to my son, he has an upcoming contempt hearing for not paying CS etc., all of which he thinks is my fault.

What is the worst he can do, how can he drag this out etc? I just want this over with!

 

[mistoffolees]

I signed all the paperwork my atty gave me and my atty filed for a no-fault divorce based upon a two-year separation (we have been separated since 03').

My "husband" was sent the paperwork too.

How long will it take for the divorce to be final if he just signs the papers?

What will happen if he refuses to sign the papers? I have a feeling he will do everything he can to make this as hard as possible for me. There are pending criminal charges against him for abuse to my son, he has an upcoming contempt hearing for not paying CS etc., all of which he thinks is my fault.

What is the worst he can do, how can he drag this out etc? I just want this over with!

He can drag it out by contesting almost anything (property division, custody, etc) or simply by postponing hearing appearances. He can not, however prevent the divorce from happening.

Typically, even if everything goes by the book with no problems, it's a minimum of a couple of months almost everywhere and considerably longer in some places. But you've been separated since '03, so a couple of months to get a divorce shouldn't be a big deal.