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You can divorce a spouse who is in jail
Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help! You can divorce your spouse while they are incarcerated. While having a spouse in jail makes the divorce process more complicated, it does not differ a lot from the normal divorce process. First, you should comply with the residency requirements of the state where you intend to file for divorce. It means you must live in the state for a specific amount of time before a court can accept your divorce petition. The residential period is usually six months, but some states have different requirements. Second, you should serve your spouse with a divorce petition and other divorce documents. If your spouse does not respond, you can proceed with filing for a default divorce on your own. If you get a response from your spouse, you can negotiate a settlement agreement together, which will make your divorce easier. If you cannot agree on divorce issues, your case will likely go to court. If you have kids with your spouse, you should remember that your incarcerated spouse also enjoys parental rights. Even though an imprisoned parent cannot obtain custody over a child, they may still be able to get custody after their release. Please note that you do not have to indicate your spouse's imprisonment as a reason for divorce. You can get a divorce just because your relationship can no longer exist given the circumstances. However, some states allow divorcing due to the specific wrongdoing of the spouse, including confinement in prison for a set number of years. Such states include Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, Virginia, and the District of Columbia. We advise you to think about contacting a divorce lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.
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