How To Divorce Someone In Prison

Divorcing Someone In Prison

Many marriages where one spouse incarcerated spouse ultimately end in divorce because of financial difficulties, child rearing issues and a host of other issues. Divorcing a person that is in prison is very challenging because attending things such as mediations and hearings will likely be limited. Generally, you have to go through the ordinary divorce process when divorcing an imprisoned spouse. Contact an experienced Texas family law lawyer to help you obtain a divorce from your imprisoned spouse.

What If It Is An Uncontested Divorce?

Divorcing your imprisoned spouse is easier if the divorce is uncontested. An uncontested divorce is where the parties involved not only agree to divorce each other, but also agree on all issues in their divorce. This includes agreeing on division of marital estate, child support, medical support, possession and access, property debts and other issues. All you need is an attorney to draft a decree and have the attorney of your incarcerated spouse review it before signing.

Your family law attorney can then draft a document called a “Waiver of Service” and send it together with a copy of the filed divorce to your imprisoned spouse. The “Waiver of Service” is a document that the imprisoned spouse signs that indicates that the imprisoned spouse received the petition, and does not want to be served with a formal notice of the divorce and so on. After the imprisoned spouse has signed the waiver and sent it back to the other spouse’s attorney, that attorney will file it with the appropriate court and advise the non-imprisoned spouse on court appearance. During the court appearance the spouse that is not in prison will answer questions under oath and then the divorce will be granted.

A Contested Divorce

How To Divorce Someone In PrisonIf the divorcing parties do not agree on all issues that encompass their divorce, then it becomes a contested divorce. You can still file for divorce if you and your imprisoned spouse cannot come to an agreement. After you file for divorce, a process server will pick up the paperwork from the courthouse and formally serve your imprisoned spouse with a copy of the original as well as a citation.

Your imprisoned spouse must provide an answer to the petition on the Monday after the 20 days deadline. Your lawyer can start making preparations for mediation after your imprisoned spouse has filed an answer. In case the imprisoned spouse fails to file an answer within the 20 day deadline, and the 60 day waiting period expires, the court may grant you a default divorce after a hearing. A default divorce is not granted automatically, you have to ask for it. The party asking for a default hearing can expect to get a “just and right” property division, and whatever they are asking for in regards to children as long as it is in the best interests of the children.

Why You Need An Experienced Divorce Lawyer

A trusted divorce lawyer can help make the process of divorcing an imprisoned spouse less frustrating and stressful. Apart from helping you file for divorce, your lawyer can represent you during mediation and guide you on property division, child support and other important issues.

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