Incarcerated-Spouse Divorce Filing Forms—What You Need To Know
Divorce can be an exhausting process, but it can be even more so if your spouse is in jail. How can you file for divorce in this situation? How much does it cost? How long will it take? What forms do you need to fill out? DoNotPay has all the answers!
DoNotPay provides a guide on what incarcerated-spouse divorce filing forms you need to end your marriage smoothly. Do you want an easy solution to getting a divorce from your incarcerated spouse? and get the best divorce settlement agreement that fulfills all state requirements!
How To Divorce Someone in Jail
If your spouse ends up in jail, that will inevitably put a strain on your marriage. According to research, each year of incarceration increases the risk of divorce by 32%.
The circumstances may be extraordinary, but the divorce procedure is not that different from regular divorces, especially if you and your incarcerated spouse agree on everything and you file for an uncontested divorce. In any case, it is advised to talk to a lawyer first since certain states may have additional requirements for this specific situation.
Steps To Take
In most locations, the process involves these steps:
- Get the right forms and other required documents from your local court or lawyer’s office
- Gather proof of your spouse’s imprisonment
- Fill out the paperwork and file it with your county’s court
- Pay the filing fee or check if you can apply for a fee waiver
- Confirm whether you need to serve your spouse with the divorce papers or the court will serve them on your behalf
- Visit your spouse in prison to create a divorce settlement agreement for an out-of-court settlement regarding joint assets or child custody or talk to a mediator
- Attend the divorce hearing if it’s required by your state’s laws
- Get a copy of the final divorce decree from the court
The process will be much more complicated if you don’t see eye to eye on all relevant matters with your spouse since the process will require multiple court hearings.
Incarcerated-Spouse Divorce Filing Forms
The necessary paperwork for divorcing someone who serves time is usually not different from the forms required in regular situations. In most states, you can obtain the necessary forms online or in local courthouses.
If the incarcerated partner wants to file for divorce, they can ask for inmate divorce packets. While different counties and states may have different requirements, most divorce packets include the following forms:
| Form | Brief Explanation |
| Petition for divorce | This form is used to initiate the divorce procedure and can include the following information:
|
| Summons | Summons is a piece of paper attached to the divorce petition that informs your spouse how much time they have to respond |
| Court information sheet | This sheet specifies the court and the judge that will be handling your divorce case |
Can You Get a Divorce for Free if Your Spouse Is in Prison?
It might seem plausible that you will get a divorce for free if your spouse is in prison, but that’s not the case. You will have to pay the following fees during the divorce process:
- Court filing fees
- Process server fees for serving your spouse in prison
- Guardian ad litem fees, if the court requires someone to represent your incarcerated spouse in court
In some cases, you can reduce the costs by taking the following steps:
- Explore the options for serving your spouse in detail to pick the most affordable yet completely legal method
- Prove your inability to pay the court filing fee with documented evidence. The court might decide to give you a fee waiver
- Confirm if your spouse requires a guardian ad litem—in some cases, it might not be necessary
Uncontested Divorce When One Partner Is in Jail
If you and your incarcerated spouse agree on all major issues surrounding your divorce, you can file for an uncontested or friendly divorce. With this type of divorce, you have the following benefits:
- The duration of the process is short
- You don’t have to go through constant fights and arguments with your spouse
- No party will have to spend a small fortune on attorneys’ fees
If both of you agree on crucial issues, you can create a divorce settlement agreement without hiring a lawyer or going to court. Don’t worry if you don’t know how to write one—you can use our app and let us draft it for you!
DoNotPay Can Create a Divorce Settlement Agreement for You and Your Incarcerated Spouse
Why hire expensive lawyers to draft a divorce settlement agreement or sign up for expensive online services when we can do it at a more affordable rate? Using our Divorce Settlement Agreement tool, you can draft a legal document that fulfills all state requirements and holds up in court!
All you have to do is follow these straightforward instructions:
- from your web browser
- Type Divorce Settlement Agreement in the search bar
- Provide details about your marriage to our chatbot
- Enter additional information about your income and financial assets
Once you’ve completed these easy steps, DoNotPay will generate a divorce settlement agreement, tailor-made according to your circumstances.
Do you want to get the document notarized? Let us know, and we will connect you with an online notary who can notarize your document in a video call.
Want to get more state-specific info on divorces? Our learning center provides helpful articles on divorce-related matters in all states, including:
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Consult the list below to see the tasks DoNotPay can help you with:
- Reporting workplace harassment
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DoNotPay Offers Additional Helpful Tools
Legal tasks aren’t the only ones DoNotPay can help you with! We can provide assistance for an abundance of different tasks—from stopping the pesky spam emails to contacting your incarcerated loved ones. Check out the table below and learn how to use our app to:
| Deal With Companies | Deal With Other Tasks |