The process of filing for divorce can range from simple to extremely arduous. One factor that would make filing more difficult is doing so while incarcerated in a Texas correctional facility. While more complicated and time consuming, there are clear paths for inmates wishing to file for divorce while incarcerated in Texas.
How to File for Divorce While Incarcerated in Texas.
Identify and complete the appropriate forms to file for divorce. The type of forms needed depend on several specific conditions including: - Whether children are involved - Whether a bankruptcy is pending - Whether the divorce will be contested - If Texas residency is established. Regardless of the conditions, the proper forms can be obtained online from texaslawhelp.org.
Grant a power of attorney. A power of attorney takes a notarized signing which can be performed at the institution through the law library. A petition to the warden may be required for notary service.
Complete an unsworn declaration. The unsworn declaration is a procedural must for presentation of an inmate's petition for divorce to a judge in court. It is required by the Texas Civil Practices and Remedies Code, Chapter 132.
Complete the proper forms for service of citation or service of process. The forms can be obtained without cost at texaslawhelp.org. Completion of these forms will ensure that proper notice has been provided to the respondent.
To appear personally, the inmate will have to petition the presiding judge to issue a warrant to appear before the court. If the petition is denied or cannot be made, the person with power of attorney armed with the unsworn declaration will be the inmate's only voice in court during filing.
Filing for divorce using improper forms will likely lead to having to begin the filing process over. Make sure that all of the conditions of the divorce match with the appropriate forms. All conditions can be checked against the requirements on the Texas Law Help website.