Can you divorce someone in jail

You must follow certain procedures when serving legal papers. Rather ask the clerk if the service is mandatory, especially given the fact that your spouse is in jail.

This way the service is legal. Most states require you to make at least one court appearance before they can complete your divorce hearings.

However, this varies depending on your state and situation. Make sure you get a certified copy of the final decree. Ending a marriage is a daunting task. An imprisoned spouse can still be ordered to pay child support or spousal support. They will be ordered to use outside resources to pay the amounts due, or the state may take any income they earn while in prison or jail.

If the incarcerated spouse owed child support before going to jail or prison, they can petition the court to modify the parenting plan to reflect their limited wages while in jail or prison. The existing parenting plan must be modified if a person is incarcerated to reflect the change in visitation time and child support.

Get specific help based on your situation. Many divorce lawyers consult for free or charge a small fee and will be happy to help you.

Professional legal advice is key to achieving the best outcome. Call Us. Related News. Child Visitation Rights During the Holidays. What is a Cooperative Divorce? What Is A Collaborative Divorce? Life can change in unexpected ways. When most people get married, they never expect that their marriage may end because one person is sent to prison. In many ways, filing for divorce from someone who is incarcerated is just like any other divorce.

You will still have to serve your spouse with the divorce paperwork, and he or she will still be responsible for responding to the divorce case. While someone is in custody, it is relatively easy to serve them because the state knows where they are at all times. However, each jail or prison may have its own procedures and rules for making service on inmates. If your spouse refuses to voluntarily accept or sign paperwork, either you or your attorney can work with the jail or prison to have your spouse formally served with documents.

The incarcerated person will be responsible for responding to the divorce petition within the time limits and hiring an attorney just like anyone else. During a divorce case, an incarcerated spouse will have the right to respond to any motions or requests that are made during the case. In some circumstances, you can argue there are specific grounds for the divorce. You should talk with a Massachusetts divorce attorney about whether to pursue a fault or no-fault based divorce.

Proving fault can be more time-consuming and costly, and it may or may not provide any advantages. Whether or not your spouse agrees with the divorce and is on the same page with you in regard to the details, like property division, matters. However, just because your spouse is incarcerated does not mean they do not have a voice.

They may not agree with how you want to divide the marital property, whether or not they owe you alimony, or about child support. Once you decide what type of divorce to pursue, you can file the divorce papers in court and serve them on your spouse.

Serving someone who is in prison is not complicated, but you need to make sure it is done right. The prison in which your spouse is incarcerated may have a legal coordinator who can advise you on how to properly serve the papers and ensure your husband or wife receives them.

In this case, you may be able to mail the documents to a designated individual at the location who will serve the inmate and mail back proof of service. If they hire an attorney, it may have little effect. Your husband or wife can request leave to attend the hearings, but their request may be denied.