Husband in Jail


Dear trinity715:

Greetings. You can file a claim for custody right now. If you have been separated for one year and one day then you can also file for divorce and serve him in jail. Good luck and sorry to hear about your situation.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


Hi, my husband is in jail. he has several other children besides my son that he did not pay his support on and is set to be extradicted out of NC to Wisconsin. My question is, since we have only been seperated since he has been in jail, what actions can i take regarding custody and divorce? Any help would be appreciated. Thank you.