Divorce is always complex, even under the best circumstances. However, when one spouse is incarcerated, the process of filing for divorce can be incredibly confusing. As such, it’s crucial to understand the legal requirements and procedures for filing for divorce in Massachusetts while your spouse is in jail. Please continue reading to learn about your rights and options and how our determined Bristol County Divorce Lawyers can guide you through this complex process.
Can I Get a Divorce if My Spouse is in Jail?
Firstly, it’s essential to understand that Massachusetts is a no-fault divorce state. This means neither spouse must provide evidence of wrongdoing by the other spouse to dissolve their marriage. However, they must still cite the grounds or reasoning behind the divorce in the court petition. The most common grounds include irreconcilable differences, adultery, cruel and abusive treatment, and desertion. It’s important to note that if a spouse has been convicted of a crime and sentenced to a prison confinement of five or more years, it’s possible to cite imprisonment as grounds for divorce.
Like any other divorce, you must ensure that your spouse is served with divorce papers. Serving divorce papers on a jail inmate is more complicated as you must follow specific procedures. Generally, the jail will have you send the divorce papers to the inmate’s last known address or forward it to a particular department. It’s important to follow the jail’s specific procedures. That’s why it’s in your best interest to enlist the help of an experienced Bristol County divorce lawyer who can ensure your papers are severed properly.
After being served the divorce papers in jail, incarcerated spouses have the right to retain legal representation. In some cases, an incarcerated spouse is granted leave to attend hearings. However, this isn’t guaranteed. While they may not be able to attend court hearings, they still retain the right to participate in divorce proceedings. They can do so via phone, video conference, or written communications, or their legal counsel can provide representation at the hearings. If you and your spouse have agreed on the terms that will apply to the termination of your marriage, they may not need to attend a hearing.
How Does Incarceration Impact a Divorce Judgement?
If you and your spouse cannot agree on the divorce terms regarding child custody, child support, spousal maintenance, and division of marital property, a judge will decide for you. As you can imagine, the incarceration of one spouse can significantly affect a divorce judgment. For example, a judge will not award custody to a parent who is in jail. Although a non-custodial parent would typically be ordered to pay child support, an incarcerated parent may not have the means to do so given their situation. The same is true for spousal support.
If your spouse is in jail and you are seeking a divorce, please don’t hesitate to contact a proficient lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help guide you through every step of this process and protect your legal rights.
