Going through a divorce can be an incredibly emotional matter. Unfortunately, when one spouse is incarcerated, this process can become even more complex, as many deal with feelings of guilt. However, if this reflects your circumstances, it’s important to understand that you must prioritize doing what is best for your family. As such, if you are unsure how to pursue a divorce when your spouse is in prison, this blog explores what you must know, including the importance of working with a Somerset County divorce attorney to assist you through these difficult times.
Can I Get a Divorce if My Spouse is Incarcerated?
First and foremost, it’s important to understand that if your spouse is incarcerated, you are eligible to pursue a divorce. You do not have to wait until they have been released to file.
However, you should also note that in New Jersey, incarceration is a ground for divorce. This means you can cite this as the reason you are filing under certain circumstances. While this is a ground, you can still pursue a no-fault divorce on the grounds of irreconcilable differences if you wish to pursue this option.
In order to file on the grounds of imprisonment, your spouse must be in prison for at least 18 consecutive months. When you file, you’ll need to ensure that, in addition to serving your spouse, the prison officials also receive a copy of the divorce petition in case your spouse must be transported to court for a hearing on the matter.
What Are the Steps I Must Take?
If you wish to file because of your spouse’s incarceration, you should note that this process is different than if your spouse were outside of prison.
When submitting your formal divorce petition to the court, you must attach a copy of your spouse’s mittimus. This is essentially the warrant executed by the county sheriff that places them in prison. Once submitted, you must have your spouse served. Because they are incarcerated, you may hire a sheriff’s officer to serve the documents or send them through certified mail.
Once served, the court will schedule a hearing date. Prior to this date, the court will also determine whether or not your spouse will be transported to attend the hearing. If the court deems that your spouse is ineligible to attend the hearings, the divorce will still proceed.
As you can see, navigating a divorce when your spouse is behind bars can be an incredibly difficult and overwhelming process. That is why it’s in your best interest to work with a skilled divorce attorney with the Siragusa Law Firm. We understand how difficult these matters can be to navigate, which is why we will do everything in our power to help you through these complex matters in the fight for the best possible outcome. Contact us today to learn more.