Divorcing Incarcerated Spouses in New Jersey

Divorce is difficult, and it can become even more so if your spouse is currently incarcerated. However, you should not feel guilty about seeking a divorce, as incarceration puts enormous amounts of pressure on the incarcerated’s spouses. If you are looking to divorce your incarcerated spouse, please continue reading and reach out to our experienced New Jersey divorce attorneys to learn more about how we can help you through the process. Here are some of the questions you may have:

Can I divorce my spouse in jail for free?

Unfortunately, you may not. Divorce is rarely free, no matter how you look at it. For one, you need an experienced attorney on your side. The attorney you choose is paramount, so you must ensure you have an attorney who is truly on your side. We pride ourselves in our ability to resolve divorces both as swiftly and cost-effectively as possible.

What do I need to do to divorce an incarcerated spouse?

The first thing you must do is gather all the paperwork necessary for your divorce. Oftentimes, when divorcing an incarcerated spouse, you will need information regarding his or her incarceration, which you may obtain via the criminal court clerk. Our firm will be happy to help you do so. Next, you will have to serve your spouse divorce papers, which, depending on your specific case, could go several different ways. For example, you may hire an individual to do so on your behalf, you may serve your spouse’s papers through certified mail, or you may even serve your spouse in person. Once served, you should obtain proof of service to proceed.

Rather obviously, divorce is a very document-heavy process. Three key documents you will have to file include your petition for divorce, your spouse’s summons, and a court information sheet. Once you do, you will then follow a more-or-less standard divorce process, the only real difference being your spouse will not attend the court hearings. If you and your spouse can agree on your divorce terms, you will file an uncontested divorce, and if you cannot, you will file a contested divorce. Contested divorces can be messy and often go into litigation, so if you divorce your spouse, you can bet he or she will appoint aggressive legal counsel to defend what he/she feels they are entitled to. You must do the same. Our firm can help.

Contact our experienced New Jersey firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.