Can a person get a divorce from an inmate?

Someone who wants to divorce his incarcerated spouse doesn’t have to wait for her release to start legal proceedings, and divorcing an inmate isn’t all that different than if the other party were a free citizen. However, as with all legal matters, state laws vary.

What to do when your spouse is in jail?

The standard forms for commencing divorce proceedings are used when the spouse is in jail. These may be called “Complaint for Divorce,” “Petition for Divorce,” “Petition for Dissolution of Marriage” or something else.

Can You divorce a spouse who is incarcerated in Maryland?

If a spouse is incarcerated in Maryland, the petitioner has grounds for a fault-based divorce. The same applies in Mississippi. Texas law recognizes the no-fault ground of insupportability for separating from an incarcerated partner, and the law does not require the differences between partners or reasons for the divorce to be explained.

Do you need prison address to get divorce in Florida?

For instance, in Florida, the petition for dissolution of marriage requires only that the petitioner provide an address for the respondent if he is the father of her children. If this applies, the prison address can be provided in the relevant section.

Is it possible to divorce an incarcerated spouse?

The procedure for divorcing an incarcerated spouse is rather similar to the ordinary divorce proces s. If you and your spouse agree on all major issues related to ending the marriage, you will be able to complete an uncontested divorce. An uncontested divorce is simply one where both spouses agree on all terms.

Is there a way to divorce an inmate for free?

Unlike some common perceptions, divorcing an inmate is not free. Some fees may be waived if you are unable to pay for them, but otherwise it still costs to file paperwork or hire an attorney.

Do you have to serve divorce papers to an inmate?

You will need to serve your spouse with the documents, which might prove difficult as they are incarcerated. Find out if the court will serve the incarcerated party the paperwork. If you have to serve the divorce papers, consider hiring the local sheriff’s office to do so, or mail by certified mail.

What to do if your spouse is in prison?

If you are considering divorcing a spouse in prison, consult with a trusted family law attorney. Professional legal advice can be key to achieving your best results. There may be no greater strain on marriage than being wed to an incarcerated spouse.