What to do when husband is in prison


Dear dhpainenc:

Hello. Yes, she can still do the “do-it-yourself divorce” even if there are children involved. Remember that divorce and child custody and/or child support are separate issues. Generally the issues of custody or support are heard at different times than the divorce.

In the divorce complaint we have on line, we do not include the claims of child custody and support.

In the event that he gets out of prison, then your friend can apply for child support through the North Carolina Child Support Enforcement Agency or retain an attorney to help her file a claim for support. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


My girlfriend’s ex husband is in prison and has agreed to her divorce but they have 2 children. My question is can she still do the do-it-yourself divorce with the children involved? I did mine but there were no children involved. If they agree and if he ever gets out then they would set up child support and all that right?