How to Serve Divorce Papers to Someone in Jail

When you plan to get a divorce but your spouse is incarcerated, it can be challenging to complete the process. The divorce process is often overwhelming and stressful in itself, and having one spouse in jail can make it worse. However, with the assistance of a divorce attorney, you can navigate through the complexities. Let’s explore how to serve divorce papers to an incarcerated spouse, and how an attorney can help. 

Importance of Correctly Serving Divorce Papers to Someone In Jail

Serving divorce papers is a vital component of the divorce process. Arizona law requires the spouse who initiates the divorce to notify the other spouse of the proceedings. Even if the spouse is incarcerated, it’s their right to be aware of the proceedings and have the opportunity to respond. 

Without completing these requirements, the divorce cannot proceed. The court requires proof that the other party has been served divorce papers. Once you have served your spouse, they have a limited time to respond. If they don’t respond, a default can be entered. 

Challenges and Considerations When Serving Divorce Papers to Someone In Jail

One of the challenges of serving divorce papers in jail is to locate where they are housed. An inmate can be housed in different correctional facilities, which can often be in remote areas. 

Another challenge is that you may need clearance from the prison administration, which can often delay the process. You may have to submit an application and undergo background checks to gain access. The limited communication and logistical issues can also hinder the efforts to serve divorce papers. 

Alternatives for Serving Divorce Papers If the Inmate Cannot Be Located

The alternatives to serving divorce papers if the incarcerated spouse cannot be located depend on the circumstances of the case and applicable jurisdiction. If you have completed your due diligence in trying to locate the inmate but are unsuccessful, you may have other alternatives.

You can approach the court to request a neutral third party to serve the papers on your behalf. The third party can make efforts to locate the inmate in accordance with legal requirements. Some courts may also allow serving divorce papers through electronic media, such as email or online portals. 

In some cases, you may service by publication, however, that publication may need to meet certain requirements such as circulation for a certain number of days. Publication is often the last resort to serving divorce papers. 

Legal Process For Serving Divorce Papers In Jail

Your first step in serving divorce papers to someone in prison is to identify the correct jurisdiction to file the divorce. You will need to prepare a divorce petition and summons. Arizona is a no-fault state, so you don’t need to provide any specific reason or demonstrate legal grounds for seeking a divorce. 

If the spouse in jail has been located, you can initiate legal proceedings by serving the divorce papers. The respondent is offered an opportunity to respond by agreeing or disagreeing with the petition. They can also file counterclaims against the petitioner. 

If the couple agrees on an uncontested divorce, it can simplify the process. The divorce can be resolved through settlement or, if no agreement can be reached, the case would have to go to trial, where the final decree of dissolution will be issued by the court.

How Can an Attorney Help? 

Serving divorce papers to an inmate and other legal proceedings for a divorce is often complicated and time-consuming. It’s best to allow an attorney to handle such matters. Contact the Law Office of Cosmas Onyia to schedule a consultation with a family law attorney to help you navigate through the complexities of getting a divorce while your spouse is in prison.