What is the name of your state (only U.S. law)? South Carolina and Georgia
This is just a general question as I am trying to get a little information for a family member (my husband's uncle) who is looking to divorce from prison. So of course if you can't answer my questions directly, could I get a point in the direction of who he should be asking?
Here's my main question: he was a resident of South Carolina at the time of his arrest. The reason he was picked up was for a warrant that was outstanding in Georgia from 11 years ago, was working in Georgia at the time of his arrest (commuting to work Monday-Thursday and coming home), and so was extradited back to the county in Georgia that he was originally arrested in in 1997. So is he considered a resident of South Carolina still, or is he now a resident of Georgia? I ask this so that when I write to him, he'll have a time frame of how long he'll have to wait for this divorce. He will only serve a few months, but if he's a resident of Georgia now the divorce may come through before he's done serving. Does he need to be a resident of Georgia for 6 months before he can file, or does being in prison have any kind of bearing on this?
There is a minor child involved, but paternity has not been established and he does not care if she is biologically his or not. He loves her and has been involved since her birth, and actual paternity has never mattered to him at all. Will a paternity test be required? Most likely, she will give up custody of the child, as this is her habit when the divorces start happening. I'm not going to attack her character, but she has 5 children by 3 different men, and the only one that she physically has custody of at this time is the one I am referring to. I'm guessing the answer to this question will be yes, since we're talking about who will wind up with custody here. Usually, when pressure is applied to her she gives up the children without much of a fight. Again, just trying to get information that I can include when I send him this letter I'm about to write him about the in forma pauperis divorce.
He made some stupid choices in his life before this child was born. He was arrested for possession of a controlled substance in a no tolerance county 11 years ago. This had nothing to do with a "violent" crime at all. He was picked up because he thought he had finished paying his restitution but had not, and a bench warrant was issued. I know she will try and make his life a living hell when she finds out the papers are filed, so I'd like to be able to let him know if he'll be able to get this over with now while he's still in there, which would probably be the easiest way to keep the peace.
If you need any other details, I'll tell you what I know. As I said, this is just generalized questions aimed to give him some ideas. He's a trustee in the prison now and has access to some resource materials and has more phone time than others, so maybe he can get the ball started now. Thanks in advance for your replies.
This is just a general question as I am trying to get a little information for a family member (my husband's uncle) who is looking to divorce from prison. So of course if you can't answer my questions directly, could I get a point in the direction of who he should be asking?
Here's my main question: he was a resident of South Carolina at the time of his arrest. The reason he was picked up was for a warrant that was outstanding in Georgia from 11 years ago, was working in Georgia at the time of his arrest (commuting to work Monday-Thursday and coming home), and so was extradited back to the county in Georgia that he was originally arrested in in 1997. So is he considered a resident of South Carolina still, or is he now a resident of Georgia? I ask this so that when I write to him, he'll have a time frame of how long he'll have to wait for this divorce. He will only serve a few months, but if he's a resident of Georgia now the divorce may come through before he's done serving. Does he need to be a resident of Georgia for 6 months before he can file, or does being in prison have any kind of bearing on this?
There is a minor child involved, but paternity has not been established and he does not care if she is biologically his or not. He loves her and has been involved since her birth, and actual paternity has never mattered to him at all. Will a paternity test be required? Most likely, she will give up custody of the child, as this is her habit when the divorces start happening. I'm not going to attack her character, but she has 5 children by 3 different men, and the only one that she physically has custody of at this time is the one I am referring to. I'm guessing the answer to this question will be yes, since we're talking about who will wind up with custody here. Usually, when pressure is applied to her she gives up the children without much of a fight. Again, just trying to get information that I can include when I send him this letter I'm about to write him about the in forma pauperis divorce.
He made some stupid choices in his life before this child was born. He was arrested for possession of a controlled substance in a no tolerance county 11 years ago. This had nothing to do with a "violent" crime at all. He was picked up because he thought he had finished paying his restitution but had not, and a bench warrant was issued. I know she will try and make his life a living hell when she finds out the papers are filed, so I'd like to be able to let him know if he'll be able to get this over with now while he's still in there, which would probably be the easiest way to keep the peace.
If you need any other details, I'll tell you what I know. As I said, this is just generalized questions aimed to give him some ideas. He's a trustee in the prison now and has access to some resource materials and has more phone time than others, so maybe he can get the ball started now. Thanks in advance for your replies.
