How to Divorce an Imprisoned Spouse
Going through divorce is really difficult for couples. There is a lot of emotional stress and financial strain that is involved. It does not get easy when one of the partners is incarcerated. Getting through a divorce with a partner who is imprisoned can become problematic especially when they are not willing to go through with the divorce. Some of them might just decide to give their partners a hard time just because they are already incarcerated. This is not always the case however, as some might just agree to get through the process easily. Here is how you get through a divorce when your spouse is imprisoned.
Know the forms required
You need to fill out the forms required to be able to get through the divorce with ease. When you have decided that you must get divorced then the first place you should start looking is the county clerk’s office where they will advice you on the papers you need to fill out. In most states when the spouse is imprisoned you will need to fill out special forms different than the usual divorce papers.
Get a copy of the mittimus
A Mittimus is the document that commits your spouse to jail. You need to get a copy of this document from the criminal court where the spouse was convicted. This copy is important because you will have to attach it to the filled in divorce forms as evidence that your spouse is imprisoned.
Serve the divorce paper
After the papers are filled in and all the dues required are paid for, then it is time to serve the papers to your imprisoned spouse. It might be required that you deliver the papers yourself, you could mail them or the court could deliver them for you. Whatever the case, you will have to wait for your spouse to sign the papers after they have been served.
Hearing
After the papers have been served it could be possible for a hearing to take place. It is not a must that the imprisoned spouse will be brought to the hearing.
What happens when the spouse does not sign the papers?
If the papers are not signed then it might be time to take the case to court. Most of the states use imprisonment as a consideration for divorce. This therefore means that you will go to this case with an upper hand. You might require to use the services of a divorce lawyer at this time so you can get through the hearings easily and quickly. After the case has been won all you will need is to secure a copy of the divorce decree from the family court and you are done.
Know the forms required
You need to fill out the forms required to be able to get through the divorce with ease. When you have decided that you must get divorced then the first place you should start looking is the county clerk’s office where they will advice you on the papers you need to fill out. In most states when the spouse is imprisoned you will need to fill out special forms different than the usual divorce papers.
Get a copy of the mittimus
A Mittimus is the document that commits your spouse to jail. You need to get a copy of this document from the criminal court where the spouse was convicted. This copy is important because you will have to attach it to the filled in divorce forms as evidence that your spouse is imprisoned.
Serve the divorce paper
After the papers are filled in and all the dues required are paid for, then it is time to serve the papers to your imprisoned spouse. It might be required that you deliver the papers yourself, you could mail them or the court could deliver them for you. Whatever the case, you will have to wait for your spouse to sign the papers after they have been served.
Hearing
After the papers have been served it could be possible for a hearing to take place. It is not a must that the imprisoned spouse will be brought to the hearing.
What happens when the spouse does not sign the papers?
If the papers are not signed then it might be time to take the case to court. Most of the states use imprisonment as a consideration for divorce. This therefore means that you will go to this case with an upper hand. You might require to use the services of a divorce lawyer at this time so you can get through the hearings easily and quickly. After the case has been won all you will need is to secure a copy of the divorce decree from the family court and you are done.