What is the quickest way to get a divorce if my husband is locked up in the state of New York?

Asked on Mar 19th, 2013 on Divorce - California
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We have been separated for 8 years and have nothing together but a name. I would love to be granted the right to my maiden name once again and get a divorce as soon as possible.
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Answered on Mar 22nd, 2013 at 4:32 AM
File the Petition and Request For Order asking for dissolution and to have your former name restored. Serve him in prison. If he files a response there is a hearing, however he can not do anything to prevent the divorce as California is a no fault divorce state. If he fails to respond, you file a notice of default and the divorce is granted. You can go to the court facilitators office go to the court's website and find instructions on what to file.

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Dennis P. Mikko
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Answered on Mar 21st, 2013 at 8:46 AM
You would have to file for divorce and wait the required statutory warting time. Once that is done, you could get divorced and have your maiden name restored.

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John Arthur Smitten
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Answered on Mar 21st, 2013 at 7:38 AM
File your case, get him served, set your hearing - approx 4 months.

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Answered on Mar 21st, 2013 at 7:26 AM
Draft and file a summons and petition for divorce. (There are printed forms you can use.) Have the papers served on your husband in New York. Try to get him to agree to a final stipulation in which you both just walk away. Even if he won't agree, a Wisconsin court would probably grant a divorce on any fair terms. It's best to find a skilled family lawyer to advise you.

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Answered on Mar 21st, 2013 at 6:34 AM
California allows two ways to get a divorce - one is called a summary dissolution (but it requires cooperation) and other way is the standard procedure. My suggestion is to file and get him served - he might default - and this will create an easy end to the case. You will still have to comply with FC 2104 regarding disclosure.

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Answered on Mar 21st, 2013 at 12:28 AM
You file for divorce and serve him with the paperwork. If he doesn't file a response, you can take a default against him.

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