– from Nancy X. in Slinger, WI

Question Details:

I would like to file for a divorce with my husband who is currently serving time in prison. He doesn’t want to go through with the divorce but I have had enough. We don’t have any children and we don’t own a house or any vehicles together. I would think that this should be a pretty swift divorce process since we don’t have any shared major expenses. Can I go through with the divorce while he is still in prison?

Family Law Attorney Response:

I’m sorry to hear things didn’t work out. But to answer your question, you absolutely can go through with the divorce while he is in prison. In fact, with him being in prison it may actually make the process move faster than it normally would. It will be easier to serve him the papers and since Wisconsin is a no-fault case, you don’t have to worry about establishing a fault or cause for divorce.

Learn more on changing your name during a divorce.

I should note that although it seems like a rather cut and dry divorce case, I would not advise doing it on your own. You should still contact a Wisconsin divorce lawyer so that your rights are protected and receive all that you are entitled to. There is also a possibility that his family could try and get involved too. The judgment of a divorce trial has a huge impact on your future and I would not advise trying to do it without proper representation.

I wish you the best of luck to you with this matter. If you have any other questions, let me know. I would be happy to help you out.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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