Last Updated on October 14, 2023 by
Nurturing relationships over distance may be complicated, but when a partner is incarcerated, this adds hardships to the family life. So there is no wonder when a couple decides to split, especially when imprisonment lasts more than a couple of months.
The divorce process is available for everyone, no matter whether they are in jail or free. You only have to count on the process peculiarities and put in some effort to finalize your marriage with benefits.
Can You Get Divorced When One Spouse Is in Prison
If you get your marriage termination organized properly, you can even opt for Maryland divorce online or visit hearings in court despite the inmate status of any of the spouses.
Depending on the relationships between the spouses, it is possible to get your relationships over officially both through an uncontested and contested divorce. Suppose you can agree with your partner on the main divorce issues, counting custody, visitation, assets, debts division, and so on. Plus, you have neither minor kids nor big assets and don’t wish for spousal support. Then an amicable divorce is a preferable option. This will help you to save much time and money, and deal with family issues efficiently.
If you cannot come to an agreement, then a fault-based divorce will be your main variant. In Maryland, for example, imprisonment is one of the official grounds for a fault divorce. If you wish to follow this path, you have to provide evidence that your incarcerated partner was convicted of a crime, has been imprisoned for three years and more, and has served at least a year already. Then your marriage termination will be processed according to the fault-based divorce principles.
Luckily, most states allow incarcerated divorcees to participate in hearings and cooperate with the relevant specialists for the best possible sollution to their family issues. This means both of you will manage to take part in the process efficiently and deal with a fault-based divorce according to your family situation. Expect your case to last between one and three years as on average for inmates soon-to-be-divorcees.
How to File for Divorce In Prison
When you are imprisoned and wish to bring your marriage to the end, it is necessary to review the inmate divorce rights first. You should visit the prison law library to access the necessary information and divorce forms. As soon as you study the relevant data and are ready for filing, you are expected to complete the petition, summons, and court information sheet, and hand it to the local family law office via mail.
Mind that you will have to cover local filing fees if you are the one to initiate the divorce. Many states reduce the fees or grant free filing for incarcerated divorcees. Plus, you can also get a free legal consultation from local social specialists. As a result, you will manage your marriage termination with success even when you are in jail.
How to Deal with Custody and Alimony
If you are worried about how to deal with custody and alimony when one spouse is incarcerated, there are defined guides for the processes, too. No matter that your soon-to-be-ex is imprisoned, if your family needs financial support, they may be ordered to grant support both for you and your children. Depending on the current financial situation of your incarcerated partner, an appropriate payment plan will be ordered.
The visitation will be dealt with according to the situation. If a parent is in prison, they won’t be able to see the kids until they are free. But the visitation regulations are applied as soon as the parent leaves the place of imprisonment.
Anyway, if you have any hesitations considering custody and alimony when an inmate is getting a divorce, a consultation with the relevant specialist and the review of the local legislature will help you clear out the situation and come to a mutually comfortable agreement efficiently.
How long does a Texas prison divorce take?
The duration of a Texas prison divorce varies from case to case, and it depends on several factors. Firstly, if both parties agree on all issues such as property division, child custody, and support, the divorce may be completed relatively quickly, and the timeline may range from 60 to 90 days. However, if the couple cannot reach an agreement, the divorce can take much longer, and the timeline can be extended for several months or even years. This is because the court may require additional hearings to determine the unresolved issues.
Furthermore, the length of a Texas prison divorce may also depend on the availability of the parties involved, including their attorneys, witnesses, and the court. If any of these parties are not available, it can lead to a delay in the divorce process. Additionally, if the prison where one of the parties is incarcerated has strict visiting policies, it may be challenging to coordinate meetings with the lawyers or the court, and this can further prolong the process.
Conclusion
Every person has the right to terminate their marriage at any moment they need even if they are incarcerated. Although there may be some peculiarities of the process considering the situation, the divorce process is going to be the same as for an ordinary couple. Consult the state law, get the assistance of a family divorce lawyer and bring your marriage to the end successfully even when any of you are imprisoned.
