Help need answers

I’m fixing to be filing for divorce and my husband and I have been separated for 14 years. Right now he in jail so how would that work getting him the divorce papers for him to sign

You can still obtain an absolute divorce from your husband even if he is in jail or prison. You would file the absolute divorce complaint and serve him by certified mail at the detention/correctional institution that he is currently being housed. If he is in prison, be sure to include his prison ID number when you address the envelope.

Once he is served, you must allow him 33 days to file an answer. If he does not, then you can schedule the absolute divorce for a court date. Be sure to send all copies of court filings to the address in which you serve him.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.