Going through a divorce can be an incredibly challenging situation for everyone involved. However, this process can become even more complex when your spouse is behind bars. Unfortunately, many who have an incarcerated spouse whom they wish to file for divorce from are unsure how to navigate this process or if it’s even possible. If this reflects your circumstances, the following blog explores what you must know about these matters, including the importance of discussing your situation with Morristown divorce lawyers to explore your legal options during these difficult times.
Can I File for Divorce if My Spouse Is Incarcerated?
Unfortunately, many assume that because their spouse is in prison, they will be unable to pursue a divorce against them. However, this is far from the truth. In reality, New Jersey actually considers imprisonment as a ground for divorce, though this doesn’t mean you must cite this as the reason you have chosen to file
In New Jersey, you can pursue either an at-fault divorce, meaning you need to file on a pre-approved ground and prove that your spouse has committed the act, or you can file a no-fault divorce in which you will cite irreconcilable differences as the reason. If you choose to file on the grounds of imprisonment, your spouse must be imprisoned for at least 18 consecutive months. If your spouse has been released, you may still file on this ground so long as you do not resume living together.
What Are the Steps Involved in This Process?
If you wish to divorce a spouse who has been incarcerated, it’s important to understand the steps involved in this process. Typically, the first thing you’ll need to do is file the divorce petition with the court. If you are filing on the grounds of imprisonment, you must include a copy of your spouse’s mittimus, which is essentially the warrant used to transfer them to prison following a criminal conviction.
Once you have filed the necessary documents, you’ll need to have your spouse served. You should contact the jail where your spouse is being held to inquire about their specific service process, though often you can either send the papers through certified mail or have a sheriff’s officer serve your spouse.
Its important to understand the even though your spouse is incarcerated, they still have the right to defend themselves in the matter of your divorce. As such, the court may hold a hearing to determine whether or not your spouse should be transferred to the court when your divorce hearing will occur.
As you can see, navigating a divorce when your spouse is in prison can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with the Leslie Law Firm, LLC to explore your legal options during these matters. Our team understands how overwhelming this process can be to navigate, which is why we will do everything in our power to help you through these difficult times. Contact us today to learn how we can represent you.
