The spouse of an incarcerated husband has all rights over their property. This is only if the two people are legally married.
Noo it will ot be possible for him to , as he is a incarcerated spouse, he will not be able to contese the terms of the divorce case.
A rash choice of spouse can result in a marital disaster.
Has ANY spouse at ANY time in HISTORY EVER been incarcerated for this offense? (!!!) A specific answer to this question cannot be made.
The spouse cannot refuse visitation, however the courts can.
seek marital advice
Yes, you do have rights. According to the section of the North Carolina Statutes provided below a surviving spouse has the right to an elective share of her husband's estate. You should seek the advice of a probate attorney in your area.
As long as there is no court order, each spouse has equal rights to the marital home so the answer is yes. In addition, one spouse does not have the right to change the locks absent a court order barring the other party from entering the premises.
Yes, I believe that you can apply for it.
You can get divorce court fees waived if you fall below a certain poverty level point. Even if you spouse is incarcerated, you would have to pay the fees if you have a good income.
Technically, any couple, regardless of their marital status are considered a spouse.
Thanks Mackey for extending on my post. I did mean that this person could go see a lawyer and go through the natural process which includes property rights, etc. I was slow on the up-take. LOL Marcy Yes you can, but it's advisable to see a lawyer on this. Since your spouse is incarcerated there in no need for his permission to get a divorce and the courts are quite lenient in these types of cases. Marcy * No. In the U.S. both parties of a dissolution of marriage must be notified of the action or a reasonable attempt for notification made, before the divorce is granted. Even a person who is incarcerated may have legal rights to marital property. The person wishing to file the divorce can do so in the city or county court of their residence. The filing spouse must inform the court of the whereabouts of the incarcerated spouse and he or she must be served dissolution papers and given the amount of response time allowed by the laws of the state in which the dissolution petition is filed or the state in which the marriage took place, whichever is the longest. If the incarcerated spouse does not respond accordingly either in acceptance or opposition to the dissolution terms, the divorce will be granted to the petitioner on the grounds of default.