How to get a divorce when your spouse is in jail?
How to get a divorce when your spouse is in jail?
Request a copy of the document formally committing your spouse to jail (the mittimus). You can obtain this document from the criminal court in which they were convicted. Accurately complete the divorce filing paperwork and attach a copy of the mittimus to the filing. File the paperwork.
What to do if your husband is in jail?
Serving legal papers requires following a certain process. You cannot, for example, simply mail the papers to the jail. Instead, ask the clerk whether service is mandatory, given that your spouse is incarcerated. If it is a requirement, you can hire the local sheriff’s office to serve the papers for you.
Can you stay married if your spouse is in jail?
When one spouse is incarcerated it can certainly put a lot of strain on the marriage. For many people a spouse getting arrested and going to jail is a deal breaker and they refuse to stay married… but how do you get divorced when your spouse is in prison?
How to get a divorce in Family Court?
Consult an attorney if you can, or speak with the clerk at the family court for your jurisdiction, especially if you are handling the proceedings yourself. Forms or necessary information requirements may be different for your jurisdiction, and clerks will be able to tell you what you will need to proceed with a divorce.
Request a copy of the document formally committing your spouse to jail (the mittimus). You can obtain this document from the criminal court in which they were convicted. Accurately complete the divorce filing paperwork and attach a copy of the mittimus to the filing. File the paperwork.
Serving legal papers requires following a certain process. You cannot, for example, simply mail the papers to the jail. Instead, ask the clerk whether service is mandatory, given that your spouse is incarcerated. If it is a requirement, you can hire the local sheriff’s office to serve the papers for you.
When one spouse is incarcerated it can certainly put a lot of strain on the marriage. For many people a spouse getting arrested and going to jail is a deal breaker and they refuse to stay married… but how do you get divorced when your spouse is in prison?
What to do if your spouse refuses to sign divorce papers?
Check on your state laws regarding legal grounds for divorce in case your spouse refuses to sign the no-fault divorce filing. Ask for assistance from the family court clerks or a family law attorney (or your local legal aid office) if you have trouble finding these laws.