Can I Divorce Someone Who is in Jail?

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Divorce is inherently complex as you have to sort out various issues, including custody, spousal support, and property division. However, navigating this legal process can be incredibly challenging if one spouse is incarcerated. Therefore, it’s essential to comprehend the legal requirements and procedures for filing for divorce in New Jersey while your spouse is in jail. Please continue reading to learn about your options and how a trusted Ocean County Divorce Attorney can help protect your rights. 

Is Incarceration Grounds for Divorce?

First, it’s important to understand New Jersey courts allow couples to file no-fault and fault-based divorces. In a no-fault divorce, neither spouse is required to show evidence of the other spouse’s wrongdoing to dissolve the marriage. However, they must cite the grounds or reasoning behind the divorce in the court petition. The primary grounds for a no-fault divorce are irreconcilable differences and prolonged separation. Fault-based divorces, on the other hand, can be based on grounds such as adultery, extreme cruelty, desertion, and imprisonment. These divorces are much more complex as the petitioner must prove that the other spouse’s actions are responsible for the union’s demise.

In New Jersey, incarceration is grounds for divorce if a person was sentenced to jail and has served at least 18 months after marriage. The procedure for divorcing an incarcerated spouse is quite different from the traditional format. Like any divorce, the state requires the petitioner to provide legal notice of the divorce by serving a copy of the complaint to their spouse in jail. Serving divorce papers on a jail inmate can be confusing as you must follow stringent legal procedures. As such, it’s crucial to enlist the help of an experienced Ocean County divorce attorney, who can help guide you through every step of the legal process ahead.

Can a Spouse Who is in Jail Attend Court Hearings?

Moreover, the corrections facility where your spouse serves their sentence must be informed throughout the divorce proceedings. In some cases, the spouse may be allowed to attend a court hearing. If an inmate is not permitted to attend court hearings, they still possess the right to participate in divorce proceedings. Therefore, they can retain legal counsel to represent their interests in court. After the necessary documentation has been filed, such as the petition for divorce, the spouse’s summons, and a court information sheet, the process will operate similarly to a regular divorce.

At the Law Office of Sarina Gianna, LLC, we are prepared to help safeguard your legal rights and fight for your future. Contact our dedicated legal team today to schedule a consultation to discuss your case.