Q: If my boyfriend is in county Jail could he have his DA set up filing a divorce for him and his current wife, no charge?
My fiance has been married 16 years separated for 10. We want so badly to get married. But obviously.. We cant without a divorce.. We just cant afford one. He's currently in the county Jail for an FTA. Unless bonded out hell be in there until January 25th. In the mean time. Could he have his DA (District Attorney) Help him serve his current wife and file for a divorce with no charge? I heard you could do that but its all he said she said non-sense I would like to gather information from a professional. And if not true, maybe you could tell me how exactly I could go about getting all this done, though its almost impossible for us to even come close to being able to afford it right now.
A: The district attorney works for the state. That is the attorney prosecuting your finance in the criminal case on behalf of the state of NC. Your boyfriend probably has a public defender defending him in the criminal case. He does not have to pay the public defender if he is found not guilty. Otherwise, he still has to pay that attorney. The public defender cannot help your boyfriend file a divorce. Legal Aid of NC has published a self-help manual. Here is the link. http://www.lawhelpnc.org/resource/divorce-packet-self-help However, you have to pay filing and service fees, and if you do not follow the process correctly, you have to start over and pay those fees again. You are much, much better off saving up the funds to hire a civil attorney to handle the divorce.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
