Phillipsville, CA Divorce Law Firms & Lawyers

It may be easier to obtain service on your husband when he is incarcerated. While your spouse is in jail, they cannot contest custody. The down side of obtaining a divorce while a spouse is incarcerated is the court may impose a lesser sum as child support based on the inability to be employed. It will also be more difficult to enforce any orders for your spouse to pay marital debts. Your primary question should be whether or not you want to remain married to a person who is in jail. Since you have already been separated for two years, if you want to move on with your wife, you should consider initiating divorce proceedings.

If you have already tried local counties to find records and have found none, you can either hire a private investigator to do a more through search, or you can file yourself in the county where you live, have her served, and see if she produces documents to show that you are already divorced as her response.

Generally, you would get a divorce. It is possible, but not probable, that you might qualify for an annulment. See attorney and commence ending this abusive relationship.