Q: What are my rights if I am in jail and my wife is trying to divorce me?
A: While you are incarcerated, you can always work through family or friends to hire Counsel so that your rights and interests are protected even though you are not able to personally go to your lawyer's office. This is the best plan; your lawyer will come to you. If you are unable to do that however, the Court will appoint a Guardian ad Litem to represent you since, while you are incarcerated, you are considered "incapacitated," in that you are not able to adequately protect yourself. Aside from these complications, your divorce process could be somewhat normal: you can still cooperate with the process or push back, and you can protect your portion of marital assets for example. Our best to you during what must be a very difficult time.
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.