Can You Divorce A Prisoner?

Posted on: 30 November 2021

If you have married somebody who is now in jail or prison, you may worry that you do not have many options. Whether you married when this person was already imprisoned or they were sentenced to prison time after you wed, you may now be considering divorce.

The truth is that you don't have to feel like you are at the end of your rope. You're not. Here's what you need to know about divorcing a prisoner.

You Can Divorce a Prisoner

To answer your initial question, you can divorce a prisoner. Whether your spouse is behind bars for a misdemeanor or a felony, you can get a divorce. You can get a divorce whether or not you were the target of the crime that led to your spouse's charges. Regardless of the situation, divorce is a possibility.

Incarceration Is Legitimate Grounds for Divorce

Some states may still have requirements that call on you to have a reason to consider divorce. In those states, incarceration is a valid reason for divorce. If you are looking for grounds for divorce, the fact that your spouse is behind bars may be reason enough.

The Length of the Sentence Matters

When you try to divorce your spouse, the sentence can impact your next steps. For example, your family law attorney might recommend that you wait for your spouse to be out of jail if their sentence is only a few months long.

Imprisonment Can Bring Up Complex Issues

One of the most important things to remember is that divorce is difficult no matter the circumstances. When one spouse is behind bars, you might run into some difficulties that complicate the matter, but this does not mean you should not continue to pursue divorce.

For instance, you might have a more complicated time trying to sell your home if both of your names are on the property while your spouse is in prison.

Incarcerated Spouses May Pay Support

Many people wonder if an incarcerated spouse may be ordered to pay spousal or child support. They can be required to pay, but earning capacity may play a role in how much support is received during the time of incarceration.

Consult With a Family Law Attorney Today

Ultimately, your next step should be to speak with a family law attorney. Family law attorneys provide more information about the divorce process and the laws specific to your states. Contact a family law professional to learn more.