Getting What Is Rightfully Yours

How Do You Divorce An Incarcerated Spouse?

10 March 2023

Estelle Mathieu

Divorce is almost always a difficult and emotional process. Divorcing someone who is incarcerated can be even more challenging. The logistical and legal obstacles that come with divorcing a spouse who is behind bars can be a lot to deal with, but with the right preparation and resources, it is possible to navigate this difficult situation. Here are some things you need to know:

Is Divorcing During Incarceration Different?

The process of divorcing an incarcerated spouse is mostly the same as divorcing a spouse who is not in prison. The key difference is that the logistics of serving and communicating with the incarcerated spouse may be more complicated. It is important to consult with an experienced divorce attorney who can guide you through the specific challenges of divorcing an incarcerated spouse.

What Is the Process to Divorce Someone Who Is Incarcerated?

The first step in divorcing an incarcerated spouse is to determine the grounds for divorce. In most states, the grounds for divorce are the same regardless of whether one spouse is incarcerated. These grounds typically include things like irreconcilable differences, adultery, abandonment, or cruelty. Once the grounds for divorce have been established, you will need to file the necessary paperwork with the court.

The next step is to serve your spouse with divorce papers. This can be hard when your spouse is behind bars, but it is not impossible. In most cases, you will need to serve the papers directly to your spouse, which may require coordinating with the prison or jail where your spouse is being held. Your attorney can help you navigate this process and ensure the papers are served correctly.

Once your spouse has been served with divorce papers, you will need to wait for their response. This can be a slow process, as communicating with an incarcerated spouse can be difficult. Your attorney can help you navigate the communication channels and ensure that you are able to receive and respond to any communication from your spouse.

Can Your Spouse Contest a Divorce From Prison?

Yes, a spouse does have the right to contest a divorce even from prison. If your spouse does not contest the divorce, the process can proceed relatively smoothly. However, if your spouse contests the divorce or raises any other legal challenges, the process can become much more complicated. In these cases, having an experienced attorney on your side is crucial to protect your rights and advocate for your interests.

Consult a divorce attorney to learn more. 

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