My husband is in prison. How do I file for divorce?

To get a divorce inmate, you need to follow the procedural law for filing for divorce in your state. Each state has different rules for filing divorce. If you live in a no fault divorce state, you may not need to provide any reasoning for seeking divorce. Many states recognize that an incarcerated spouse may be the impetus for a divorce proceeding, since the spouse may be absent from the home for a number of years.

Filing for Inmate Divorce

An attorney is in the best position to explain state law regarding divorce to you. Since your spouse is incarcerated, it will be easy to find him or her to serve divorce papers, so one of the main pitfalls in divorce filing is easier for you.

The main concern you will have to deal with is what the reasons for divorce are in your state. You may have to wait until your spouse has been away for a period of time before a court will grant a divorce depending on the laws in your state. You can get a better understanding of what those requirements are by talking to an attorney.

Getting Legal Advice

If you are uncomfortable with dealing with the paperwork or the legal system to deal with a divorce, you should consult an experienced family law attorney who can help you divorce your inmate spouse. Having a spouse who is incarcerated can be draining and undesirable. Get the legal help you need to move on with your life.