Divorce When Your Spouse Is in Jail

 Posted on April 18, 2024 in Divorce

You can get divorced while your spouse is incarcerated. In fact, it is quite common for people to file for divorce after their spouse has been arrested. This is very common in domestic violence and child abuse or endangerment cases. If you have experienced spousal abuse or if your spouse is a danger to your children, it may be best to initiate divorce proceedings while your spouse is still incarcerated. While your spouse is locked up, he cannot hurt you or your children, nor can he dispose of marital property that has not been allocated to him. If you are divorcing someone who is currently housed in a correctional facility, it is important to be represented by an experienced DuPage County, IL divorce lawyer. Certain steps, like serving the inmate with divorce papers might be more complicated.

Is Uncontested Divorce Still an Option if My Spouse is Incarcerated? 

Yes, you can get an uncontested divorce if your spouse is in jail. Since inmates normally cannot appear in civil court while they are in jail, getting an uncontested divorce may be a good option. While you likely cannot - and perhaps should not - communicate directly with your spouse during negotiations, your attorney can facilitate settlement talks. The process may take a bit longer, as communication will be limited.

Can My Spouse Contest the Divorce From Jail or Prison? 

While your spouse likely cannot appear in court, he could still hire a lawyer to represent him in divorce court. However, your spouse will not have an easy time contesting your divorce from a correctional facility. If your spouse chooses to contest the divorce anyway, you are likely to enjoy a bit of an advantage.

Does it Matter Why My Spouse is Locked Up? 

Depending on the type of crime your spouse has been accused or convicted of, their criminal proceedings could have a major impact on the outcome of your divorce case. If your spouse committed any crime that suggests he is a danger to your children, this could drastically affect how the court will handle your child custody issues. If your spouse is in trouble for drug possession, you may have an easier time proving that he dissipated marital assets, entitling you to recover the funds he misused due to his addiction. If he is likely to spend many years in prison, this could impact the equitable distribution process.

Contact a Wheaton, IL Divorce Lawyer 

Andrew Cores Family Law Group is experienced in helping people with unique family circumstances get divorced. Our compassionate DuPage County, IL divorce attorneys are highly skilled in complex divorce proceedings. Contact us at 630-871-1002 for a complimentary consultation.