I need to know if I can divorce my husband for free while he is in jail? ...

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Question: 

I need to know if I can divorce my husband for free while he is in jail?Can I get sole custody of our daughter due to the drug offenses and assaults on officers? I need this info immediately because I can't afford an attorney. He wants to fight it because I won't agree to joint custody.

Selected Answer: 

Unfortunately, you are

Unfortunately, you are unlikely to be able to divorce your husband for free just because he is in jail. However, since your husband is in jail and unable to provide for himself financially while he is in custody, the court has the authority to waive the divorce filing fees. In terms of custody, the court will consider what is in the best interests of your child. For example, if your husband will be spending some time in jail in the future, the court may award custody to you based upon this fact. The court will also consider who is the primary caregiver for the child, meaning the parent who gets the child ready for school and prepares meals. However, a custody dispute in a divorce can be complicated and it is best that you discuss your case with an attorney as soon as possible. In addition, an attorney will likely discuss your case with you during a consultation for little to no fee, and may be able to recommend some low cost legal help to you if you are unable to afford legal assistance.

All Comments

Unfortunately, you are

Unfortunately, you are unlikely to be able to divorce your husband for free just because he is in jail. However, since your husband is in jail and unable to provide for himself financially while he is in custody, the court has the authority to waive the divorce filing fees. In terms of custody, the court will consider what is in the best interests of your child. For example, if your husband will be spending some time in jail in the future, the court may award custody to you based upon this fact. The court will also consider who is the primary caregiver for the child, meaning the parent who gets the child ready for school and prepares meals. However, a custody dispute in a divorce can be complicated and it is best that you discuss your case with an attorney as soon as possible. In addition, an attorney will likely discuss your case with you during a consultation for little to no fee, and may be able to recommend some low cost legal help to you if you are unable to afford legal assistance.