# Husband in Jail

**URL:** <https://forum.rosen.com/t/husband-in-jail/3113>\
**Category:** Divorce and Separation Answers\
**Created:** [March 15, 2006, 8:19pm UTC](https://forum.rosen.com/t/husband-in-jail/3113 "2006-03-15T20:19:46Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\
**Post date:** [March 15, 2006, 8:19pm UTC](https://forum.rosen.com/t/husband-in-jail/3113/1 "2006-03-15T20:19:46Z")

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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

> **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)**
>
> The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill.

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.

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**Author:** ![trinity715](https://avatars.discourse-cdn.com/v4/letter/t/71e660/32.png) [@trinity715](https://forum.rosen.com/u/trinity715)\
**Post date:** [March 3, 2006, 2:41pm UTC](https://forum.rosen.com/t/husband-in-jail/3113/2 "2006-03-03T14:41:31Z")

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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.

JRC
