need advice

Dayton, OH

#1 May 23, 2013
My brother is incarcerated to a female also incarcerated, married in a jail. The court hearing was today in Marion Co and of course neither could attend. to his knowledge it will be decided by the judge, to hopefully throw this out, due to nothing in common, no children, properties, nothing at all. He petitioned, she had been served. If the case was dismissed, what does that mean, my brother does hope they did go ahead a grant the divorce, but is confused as to what dismissed the case means. thank you
need advice

Dayton, OH

#2 May 23, 2013
I meant to grant the divorce, not throw it out due to they cannot attend. Thank you
So sorry

Elizabethtown, KY

#3 May 23, 2013
If the judge is Bertram, even if he grants the divorce, he won't sign it....because he doesn't sign any of his orders. Good luck:)
tom

Somerset, KY

#4 May 23, 2013
So sorry wrote:
If the judge is Bertram, even if he grants the divorce, he won't sign it....because he doesn't sign any of his orders. Good luck:)
If its judge Kelly he makes his decision before all the evidence is heard and don't pay attention to what's been said good luck
Check it out

Campbellsville, KY

#5 May 23, 2013
need advice wrote:
My brother is incarcerated to a female also incarcerated, married in a jail. The court hearing was today in Marion Co and of course neither could attend. to his knowledge it will be decided by the judge, to hopefully throw this out, due to nothing in common, no children, properties, nothing at all. He petitioned, she had been served. If the case was dismissed, what does that mean, my brother does hope they did go ahead a grant the divorce, but is confused as to what dismissed the case means. thank you
Sounds like two real winners.
Mortgage Mom

Campbellsville, KY

#6 May 23, 2013
It means they will have to reapply for divorce. The judge can't make a ruling because neither party is present, nor their attorneys. It's just a piece of paper sitting on his desk at that point. I am not an attorney and this is just my opinion. Two young people in that much trouble don't need to worry about divorce with no children, property, etc. In fact they will get better tax returns if they delay divorce for as long as they need to get on their feet, just make damn sure no children are born under the marriage. The minute one of them starts making money and has something to protect, file a cheap no fault divorce and be done with it.
need advice

Cincinnati, OH

#7 May 26, 2013
Mortgage Mom wrote:
It means they will have to reapply for divorce. The judge can't make a ruling because neither party is present, nor their attorneys. It's just a piece of paper sitting on his desk at that point. I am not an attorney and this is just my opinion. Two young people in that much trouble don't need to worry about divorce with no children, property, etc. In fact they will get better tax returns if they delay divorce for as long as they need to get on their feet, just make damn sure no children are born under the marriage. The minute one of them starts making money and has something to protect, file a cheap no fault divorce and be done with it.
Thank you, and no, they are not winners, I agree. They have nothing in common, properties, children, nothing. He just wants to get this mistake finished, he will be left alot in a will, and he wants no part of her, and she has no right, they lived together for 4 wks. Neither can file a tax, nor have they ever.
well

Elizabethtown, KY

#8 May 26, 2013
This is a tough situation from the sound of it but let me add this; if they lived together for 4 weeks it's reasonable to expect that they consummated the marriage so the marriage is legal and binding- they are beyond the time frame ky allows for an annulment anyways. This means they will have to be divorced by the courts... here is the trouble- ky is an equitable division state which means she will be entitled to a portion of all marital assets unless there is a pre-nuptial agreement stating otherwise. If your brother is unable to obtain a divorce prior to being the recipient of something of monetary value from the will you mentioned, she will be entitled to a portion if not half of it simply because it will be considered marital property. A good lawyer may be able to argue that he was unable to obtain a divorce due to incarceration, however the judge is just as likely to rule that both parties should have considered that before they broke the law to begin with. It would be highly advisable for him to do everything he can to obtain the divorce PRIOR to receiving any money from this will. This will be difficult if both parties remain in jail as at least ONE party must be present for the divorce to be finalized. Good luck :)
need advice wrote:
<quoted text>Thank you, and no, they are not winners, I agree. They have nothing in common, properties, children, nothing. He just wants to get this mistake finished, he will be left alot in a will, and he wants no part of her, and she has no right, they lived together for 4 wks. Neither can file a tax, nor have they ever.
most cases

Cincinnati, OH

#9 May 26, 2013
well wrote:
This is a tough situation from the sound of it but let me add this; if they lived together for 4 weeks it's reasonable to expect that they consummated the marriage so the marriage is legal and binding- they are beyond the time frame ky allows for an annulment anyways. This means they will have to be divorced by the courts... here is the trouble- ky is an equitable division state which means she will be entitled to a portion of all marital assets unless there is a pre-nuptial agreement stating otherwise. If your brother is unable to obtain a divorce prior to being the recipient of something of monetary value from the will you mentioned, she will be entitled to a portion if not half of it simply because it will be considered marital property. A good lawyer may be able to argue that he was unable to obtain a divorce due to incarceration, however the judge is just as likely to rule that both parties should have considered that before they broke the law to begin with. It would be highly advisable for him to do everything he can to obtain the divorce PRIOR to receiving any money from this will. This will be difficult if both parties remain in jail as at least ONE party must be present for the divorce to be finalized. Good luck :)
<quoted text>
Thanks again. They were homeless and had nothing but the clothes on their backs. The petition is for a divorce and not annulment. Both has extensive criminal histories, they allowed him to marry twice in jail, first one lasted 2 wks, second, 4. Ky should eliminate jail house weddings. He received his parole easier if he had a place to go when out.

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