When your spouse is incarcerated, it may be the final push necessary for you to file for divorce. As such, if you want to divorce a spouse who’s in jail, this blog explores what you should know about this process, including the importance of working with experienced Nassau County divorce lawyers to explore your legal options in these complex and often overwhelming matters.
Can I Get a Divorce if My Spouse Is Incarcerated?
First and foremost, it’s important to understand that if your spouse is incarcerated, you are eligible to file for divorce. It is a misconception that you cannot pursue a divorce while one spouse is behind bars. However, you should anticipate that the process will likely be very different.
In New York, incarceration is a ground for divorce, but that does not mean you must pursue this option. You may file for a divorce and cite irreconcilable differences as the reason. This is especially true if your spouse has not been in prison for the required amount of time necessary to cite this as the cause of your divorce. In New York, a spouse must be incarcerated for three or more years in a row for this to be a valid reason. However, you can also cite this up to five years after your spouse is released from prison.
What Are the Steps Involved in This Process?
As mentioned, the process of filing for divorce when your spouse is incarcerated can differ significantly due to their unique circumstances. In general, you will begin the process the same way, by filing a petition with the court. However, the service process will differ. Typically, you’ll need to enlist a sheriff’s officer to serve your spouse or send the divorce petition through certified mail. In general, it is best to contact the jail directly to inquire about this process to ensure you take the necessary steps to serve your spouse.
You should also note that, despite the fact that your spouse is in jail, they have the right to legal counsel. As such, they have the right to participate in the divorce. In the event your divorce is contested, the court may hold a hearing to determine if it is safe to have your spouse transported to the court for an in-person hearing.
As you can see, navigating a divorce in which your spouse is incarcerated can be incredibly complicated. That is why it’s in your best interest to connect with an experienced divorce attorney with the Sklavos Law Firm to explore your legal options. Our team understands how confusing and complex these matters can be, which is why we are here to help you through this process, from filing the petition to signing the final divorce decree. When you need help, contact us today.