The Complications of Divorce When One Spouse Is Imprisoned
Jul 17, 2019
Divorce is always difficult, but certain matters can complicate the divorce process. For instance, if you have a spouse who is currently incarcerated, you might have a lot more questions about what to expect as you begin the marriage dissolution. This guide seeks to answer the questions many people have when a spouse is behind bars.
Can You Divorce a Spouse Behind Bars?
Absolutely, you can divorce a spouse who is in jail or prison. In order to divorce anybody in Florida, you must meet the residency requirement, which means that either you or your spouse must have lived in Florida for at least six months
.
Much like with any other kind of divorce, you have the ability to file for divorce and the respondent has the right to respond to the paperwork within 20 days of receipt. The divorce is actually pretty quick so long as both parties agree to the divorce, and if you don't need to go through child custody or alimony hearings.
One of the challenges you could face involves serving your spouse the divorce paperwork. Your attorney will know local protocol for serving the paperwork, which may involve the sheriff's office or certified mail. The good news is that you will not have difficulty when it comes to knowledge of the location of your spouse. Service of the divorce paperwork should be easy.
Even if your spouse does not agree to the divorce, you are not out of luck. You can still obtain a divorce through the court, but you may have to do more than sign the paperwork. If your spouse refuses to sign the paperwork, your attorney will provide information specific to your situation.
Do You Need to Have a Reason to Divorce in Florida?
In Florida, the courts have a straightforward process for a marriage to end. You can simply claim that the marriage is " irretrievably broken
." With one spouse in prison or in jail, you may find it easy to demonstrate that you do not have a strong, positive relationship you can mend.
Essentially, your reason for divorce does not need to have a direct link to your partner's current incarceration, but you may certainly use it as a demonstration that the marriage will not work out.
Will Your Incarcerated Spouse Attend a Hearing?
In most cases, an incarcerated spouse can attend a divorce hearing. If they are not able to attend in person, they can hire a divorce attorney to attend the court hearings on their behalf. For cases in which you move to eliminate their parental rights, they are likely to attend the hearing in person.
Can Inmates Pay Child Support?
If you have a child with an incarcerated individual, they may still be ordered to pay child support. Your spouse may have outside resources they can use to pay the support, or they may be ordered to pay back any money they earn while in prison.
What Is Your Next Step?
Your next step in the pursuit of a divorce is to speak with a family law attorney. Your attorney is a great resource for information related to the end of your marriage and the next steps you need to take. Attorneys provide clear and insightful counsel that can help you navigate the complexity of divorcing an incarcerated spouse.
Budget Divorce Center
understands your plight. We work with clients who have a variety of reasons to consider divorce. Whether your loved one is in prison or will spend just a few months in jail, you have the right to seek a divorce. Call our team of attorneys today to discuss your divorce options.
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