Going through a divorce can be a complicated matter. However, if the spouse you are filing for divorce from is currently incarcerated, this can turn a stressful situation downright overwhelming. Unfortunately, many are unsure how to proceed in this situation, which is why it’s imperative to connect with experienced Tampa divorce lawyers to discuss your options. In addition, the following blog explores what you should know about this matter, including an overview of the process so you can understand what to expect when you file.
Can I File for Divorce if My Spouse Is Incarcerated?
Unfortunately, many assume that because their spouse is in jail, they will be unable to pursue a divorce. However, this is far from the truth.
While some states still accept fault grounds, with imprisonment being a ground on which you can file, this is not the case in Florida. With the exceptions of abuse, adultery, and mental incapacitation, you are required to pursue a no-fault divorce in the Sunshine State. This means you will file on the basis that your marriage is irretrievably broken with no hopes of reconciliation.
As such, the only requirement to pursue a divorce in Florida is that at least one spouse must have resided in the state as a permanent resident for at least six months before filing. This is known as the residency requirement.
What Does This Process Entail?
Generally, you will begin the divorce process the same way, which includes filing the divorce petition in your county circuit court. As mentioned, you will likely file on the grounds of irreconcilable differences, which means you will not have to prove wrongdoing by your spouse in order for the divorce to be granted.
Once you have filed, you’ll need to serve your spouse. Typically, this would involve hiring a process server, but because they are incarcerated, the process will look different. Generally, you’ll need to contact the prison or jail where your spouse is serving time to inquire about their processes. You may need to send the papers through certified mail or enlist a sheriff’s officer to deliver the papers.
It’s important to understand that even though your spouse is incarcerated, they still have the right to participate in the divorce. This means that they can attend hearings, whether virtually or in person, and they have the right to legal representation in these matters.
As you can see, filing for divorce when your spouse is in prison can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with Tampa Law Group to explore your legal options. Our firm understands how difficult these matters can be, which is why we will help guide you through these matters so you can seek the best possible outcome. When you need help, do not hesitate to contact us today.
