Can I Divorce Someone Who Is In Jail?
Yes, it is possible to divorce someone while they are in jail. There can sometimes be additional complications to contend with, but that’s what our Morristown divorce attorneys are for. We can help guide you through this process and make sure that all of the paperwork is correctly taken care of.
Is Being in Jail Grounds for Divorce?
When you file for divorce, you generally have to tell the court why. This is the grounds for divorce. Many filers just choose “irreconcilable differences,” meaning that there is no hope of them fixing the problems that they have with their spouse. There are other options though.
One of them is incarceration. So if your spouse has been in jail for 18 months or more, this is seen as a valid reason to ask for divorce. This makes sense since “separation” is also seen as grounds for divorce, giving filers a reason to ask for a dissolution of their marriage once the couple has been apart for 18 months or more.
How Can I Divorce Someone Who Is in Jail?
Divorcing someone who is in jail can be a similar process to divorcing someone who is not incarcerated, but a specific piece of important paperwork is required if your spouse is currently in prison. You will need something known as the “mittimus,” a document that shows that your spouse was sent to jail.
Your spouse also has to be served with paperwork. This step can go a bit differently since they are in prison. Instead of being dropped off by a process server, the paperwork may need to be served through the sheriff or via certified mail. Once you get the legal process started, you might also find that your spouse is unable to attend hearings and court dates.
So in order to divorce someone who is in jail, you must:
- Obtain divorce forms and paperwork
- Ask for a copy of the mittimus
- File divorce forms and mittimus
- Go to a hearing, with or without your spouse
Does the Divorce Have to Be Contested or Uncontested?
Your divorce can be contested or uncontested when you are divorcing a spouse who is in jail. If your divorce is uncontested, you should be able to breeze through negotiations and finalize your divorce soon after filing. A contested divorce is going to take a bit longer. Your spouse may still be able to dispute certain matters and attend hearings despite their ongoing prison sentence.
Talk to a Divorce Attorney Today
If you are dealing with a potentially complicated divorce, we want to help you. Contact Lazor Rantas, PC and schedule a consultation with our team. We would be happy to tell you more about how we can be of assistance.
