Is it Possible to Get Divorced in New Jersey if My Spouse is Incarcerated?
Divorce can be emotionally overwhelming and complex under any circumstances. However, when your spouse is behind bars, the process can be even more stressful. Many New Jersey residents wonder whether their spouse’s imprisonment affects their legal rights when it comes to a divorce. However, it is possible to get divorced even if your spouse is currently or was incarcerated. Understanding your rights and options during this time is imperative in protecting yourself and your family. Continue reading and consult with a knowledgeable Morristown divorce attorney for more information and skilled representation.
Is it Possible to Get Divorced in NJ if My Spouse is Incarcerated?
Yes, New Jersey law allows you to file for divorce regardless of whether your spouse is in jail or prison. The state views marriage as a legal relationship that either party has the right to terminate. One spouse’s incarceration does not bar this right. The process itself is generally the same as any other divorce case, though there are additional considerations.
It’s important to remember that your spouse still has legal rights in the divorce process, even if they are behind bars. They have the right to receive notice of the filing, respond to the complaint, and participate in court proceedings if necessary.
How Do I File for Divorce if My Spouse is In Prison?
Even if your spouse is incarcerated, the process generally follows the same steps as any other divorce. First, you must file the Complaint for Divorce and include the grounds, details about the marriage, and any terms that you are requesting.
You must serve your spouse with notice of your intent to divorce. This can be done through the sheriff or a process server and coordinated with the correctional facility. Your spouse has 35 days to respond, or else you can request a default judgment. If your spouse contests the divorce, the case may involve court hearings or mediation. Depending on the circumstances, your spouse can participate by phone or video.
Is Incarceration a Ground for Divorce?
New Jersey state law recognizes both no-fault and fault-based divorce. There are several valid reasons that an individual can initiate the divorce process. According to NJ 2A:34-2, the recognized grounds for divorce include the following.
- Adultery
- Willful desertion
- Extreme cruelty
- Separation
- Voluntarily induced addiction
- Institutionalization for mental illness for 24 consecutive months or longer
- Imprisonment for 18 or more consecutive months
- Deviant sexual conduct
- Irreconcilable differences
As established here, imprisonment is actually a valid reason to initiate a divorce. If your spouse is behind bars for 18 months or longer, you can use their incarceration as a ground for divorce. However, it’s important to note that you do not have to use this reason. Even if your spouse is in prison, you can file a no-fault divorce based on irreconcilable differences, which is generally a simpler process, or even use a different recognized ground.
If you have questions or concerns about your rights and options during your divorce, reach out to a skilled attorney for more information today.
