Q: How do I get a divorce when I live in Florida, and my spouse is incarcerated in an Oklahoma prison.
All 3 of our children are 18 and older. We have no property or any type of assets that need to be split. I have not had any contact with this man in 6-7 years and I just don't want to have anything else more to do with him. He has also cheated on me during our marriage and supposedly had 2 other children during the marriage. When he was sentenced his parents threw myself and my 4 children out of the house we stayed in and left us homeless. Please help. I want out of this.
A: The only difference between this situation and others is that your husband is incarcerated. To get a divorce, file papers as you normally would and serve him with the papers. The service of process part is probably what you are concerned about. You simply file the papers here in Florida and hire a process server in Oklahoma to serve your husband with the papers. Good luck!
A: So long has you have been residing in Florida for 6 months or more you can move forward with filing for the divorce in Florida. You would need to have a process server or the sheriffs department in Oklahoma serve your husband in prison. Note that because your husband has been out of the state of Florida for so long the court may not have personal jurisdiction over him. This only means that the court would be able to declare you divorced but would not be able to address finances such as alimony and the division of assets and debts. Given you want nothing from him, this should not be an issue and you should be able to get divorced in Florida. If you have further questions please feel free to contact our office.
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