My husband has been sent to jail. Is this grounds for divorce?
My husband has been sent to jail. Is this grounds for divorce?
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
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Grounds for divorce vary by state. You will have to consult state law or an attorney who practices family law in your state to find out whether filing for divorce with the state grounds of incarceration of your spouse is allowed.
Filing Divorce Grounds
Each state has different rules for which grounds you must establish to file for divorce. Many "no fault" states don't require you to establish a particular reason, other than irreconcilable differences to file for divorce. In some of these states, only one party must want the divorce; in others both must submit.
Many states allow for incarceration as a grounds for divorce, whether no fault states or not. In the states that allow it, there may be a time period limitation for the incarceration to trigger grounds for divorce, such as one year. So, if your spouse goes to jail for a few days or months, that may not be enough to satisfy your state's criteria.
Getting Legal Advice
A family law attorney can not only help you establish the proper grounds for filing for divorce within your state, but can help you handle the legal process from paperwork filing to court appearances. Getting a divorce can be emotionally and mentally taxing; having the legal help you need will free you up to handle the matter more easily.
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