Dear Lynette Parker:
Oh my! Well, I am sure that you will have a complete screen done on the next person you even date. So, you can file for divorce a year and a day from the date you started to live separate and apart from your husband and one of you intended the separation to be permanent. You can serve him with the complaint while he is in jail, and it does not matter if he signs or not (if you serve him by Sheriff). My advice is that you pay an attorney to do it for you, that way you don’t even have to go to court (unless he contests the date of separation). He will not be the first person who is divorced while they are in prison. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.