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Incarcerated Husband Divorce

Our client's husband had been unfaithful and criminally abused a woman so significantly that he was sent to prison. Our client, a wife and mother was left home alone with two children and she was facing raising her children alone without any commitment from her husband. She was embarrassed and isolated herself. She spent hours online researching her divorce options figuring she could do it herself.

She knew she needed a divorce but had no idea how to divorce her incarcerated husband and protect her children from not only the dangers of their father but also the negative impact of visiting a high security prison. She couldn't afford a high cost litigation case. She found our website and contacted us. After reading our blogs, she felt she had options and didn't have to file for divorce alone.

Erin Birt represented her by providing her legal consulting services while preparing a parenting plan that gave her full custody and suspended parenting time and restricted parenting time to protect the children. Ms. Birt also successfully prepared a financial settlement document to protect the mother by allocating all financial liability for the husband's criminal case, including his criminal attorney's fees, to husband thus further protecting the mother and her children.

After serving the incarcerated husband in prison and waiting for his limited opportunity to review the documents and meet with a notary, our client was able to settle her case without the high litigation fees associated with a complex parenting case due to an incarcerated parent.  Our client now has children thriving in school and activities that she might otherwise not have been able to afford after a costly divorce.

Practice area(s): Child Custody

Court: DuPage County

Erin Birt

Since 2003, Erin N. Birt, J.D., CADC has focused her practice on parenting time, divorce, mediation, and substance abuse issues. Ms. Birt's unique background in both family law and addictions counseling help her clients successfully navigate the complex issues of coparenting and divorce. Ms. Birt also devotes her time to presenting at continuing education seminars for attorneys, mediators, and counselors.

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