How do I file for an uncontested divorce with my husband being incarcerated at the time?

I’m supposed to be getting married soon to my current boyfriend and I need to get an divorce from my husband which I just found out is incarcerated. I need to know the procedures about going about this divorce. Quick question: Does he have to be in court in order for this divorce to be finalized.
I’m in the state of South Carolina and he in a jail in Maryland.

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

  1. Nicole says:

    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.

  2. des says:

    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.

  3. migamw says:

    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.

  4. kelannde says:

    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?

  5. RRC says:

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

    Carol S.

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