How to Divorce an Inmate: Expert Advice

You have the right to divorce anyone, even if they are incarcerated. The fundamental legal grounds for a divorce do not change, but you will likely face some unique challenges while divorcing an inmate. Not only will you have to navigate through the legal requirements of inmate divorce procedures, but you’ll also deal with the emotional complexity of going through a divorce. However, with the assistance of a divorce lawyer, you can make this process easier. 

Incarceration As Grounds For Divorce

There are several reasons why a spouse may want to divorce their incarcerated partner. In some cases, the incarceration itself can serve as grounds for divorce. For example, if one spouse committed a serious crime and is serving a long sentence, the other spouse may feel the marriage is now broken and they no longer want to continue the union. 

Arizona follows a no-fault divorce law. You don’t need to prove fault or wrongdoing to obtain a divorce. So whether you are filing for divorce because the spouse is in prison or for any other reason, you don’t have to prove that in court. You can simply assert that the marriage failed due to irreconcilable differences and you can no longer continue to be married to the person. 

Challenges of Divorcing an Inmate

A key challenge of the divorce process when an inmate is involved is the lack of access. You will have limited communication, making it challenging to discuss important marital issues with the inmate, such as child custody case, financial matters, and more. If you want to have an uncontested divorce, you and your spouse need to agree on all the important aspects. 

However, with one spouse behind bars, it might be challenging to achieve this. Along with limited communication, you also have to contend with logistical issues such as not being able to serve legal documents to the inmate. With proper communication, you may be facing a contested divorce. 

Even though one spouse is in prison, they still have rights through the legal proceedings. They have equitable treatment under Arizona law. If your spouse is in prison, they still have the right to be visited by their children. This issue demands careful consideration by the court. The issue becomes even more complex if you wish to terminate the parental rights of the inmate. 

Another key challenge of divorcing an inmate is the financial strain. The incarcerated spouse may not be able to provide any financial support in the form of alimony or child support, resulting in an added financial burden on the non-incarcerated spouse. 

Steps to Initiate the Divorce Process While a Spouse Is Incarcerated

Your first step should be to get a detailed case evaluation from an experienced attorney who can highlight any issues that demand attention. The attorney can also guide you on prerequisites and procedures that apply to your case. 

The legal process will start after you serve the divorce paper to the incarcerated spouse. The spouse in prison may have to attend court hearings via video conferencing. You and your spouse can choose to have an uncontested divorce, but if that is not the case, the court will decide on issues like the division of marital assets.

After all the statutory requirements and legal proceedings have been completed, you can obtain the divorce decree from the court to complete the process. 

Get Expert Legal Assistance

Consulting with an attorney who is well-versed in inmate divorces can offer you clarity about the legal proceedings. Get in touch with us at the Law Office of Cosmas Onyia to set up a consultation with a family lawyer. We can help you navigate the complexities of filing for divorce while your spouse is in prison. Our team can handle all the legal requirements and steps involved in the process. Contact us to get started.