Husband in prison

[JamieR82]

I married my husband in December of 2003 in Iowa. In the beginning of 2007 he moved out and a year later went to prison. He is in prison until august 2019. I have since moved to Pennsylvania. I want a divorce, i have been told that i can claim abandonment but i am not sure what that means. Does anyone have any suggestions on what to do. We also have 2 children together.

 

[army judge]

If your spouse is sentenced to prison or jail in any state for a period of more than 24 months, you can obtain a divorce under those grounds.

The link at the bottom of the page allows you to do more research.

You can do a pro se divorce at a minimal cost.

Crimes

If your spouse has been convicted-not simply charged-of a crime, that is a ground for divorce in Pennsylvania. The conviction can be for either a misdemeanor or a felony in any state, and the spouse has to serve at least 24 months in a penitentiary or penal institution.

Desertion and Abandonment

For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has: continued for 12 uninterrupted months; must be deliberate and final; beyond any reasonable expectation of reconciliation.

There are two types of desertion-actual desertion and constructive desertion.

Actual Desertion

When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.

Constructive Desertion

You also can be deserted even if your spouse does not leave. If your spouse's behavior is so cruel or despicable that you find yourself dialing suicide prevention, you can leave and charge your spouse with constructive desertion. Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. The following are some cases of marital misconduct that have been applied to constructive desertion:

Willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship.

Conduct that endangers a spouse's life, safety, health, and even self-respect (although an isolated assault or two will not necessarily constitute cruelty unless the act was particularly severe and atrocious).

One spouse's failure to move if, for example, the other gets a job transfer. The exception is if one spouse's choice of domicile is unsafe or unsuitable for the other.

http://www.divorcelawinfo.com/PA/padivexpln.htm

 

[JamieR82]

HOw do i go about this? Do i need to get a lawyer, can i get the papers online? What do u recommend that my next step be?

 

[army judge]

HOw do i go about this? Do i need to get a lawyer, can i get the papers online? What do u recommend that my next step be?

You can do this yourself.

It will reduce the cost.

Your divorce is a winner for you, because your spouse is a convicted and incarcerated felon.

Follow the link and do some research.

The forms you need are on the websit or linked to it.

You can also go to the county court website where you live and get some more information and forms.