Can I Divorce Someone Who’s in Prison?

If you ever find yourself in the difficult position of watching your spouse get sentenced to prison, you may be at a loss for what to do next. If you decide to divorce your spouse, you can absolutely do so even if they are in prison.

When you file for divorce, you can choose if you want the divorce to be no-fault or at-fault. If you would like to file an at-fault divorce due to your spouse’s incarceration, your spouse’s sentence must be 5 years or longer. Many people are under the impression that divorce may be easier or less experience due to their spouse’s incarceration. This is not necessarily true.

Even though your spouse is in prison, they will still need to be served the divorce papers and will be allowed the chance to hire an attorney. They may even be able to attend the court hearings, either in person or through Zoom.

Although the conduct of the parties is taken into consideration by the Judge when granting a divorce, divorces in Massachusetts still must be fair and equitable between parties, so you shouldn’t assume that your divorce with an incarcerated person will end up with you keeping 99% of the marital assets.

If you would like to sign up for a free consultation with the attorney, fill out the form below to schedule a time to speak about your potential divorce.

Source: http://divorcebankruptcylaw.com/can-i-divorce-my-husband-if-he-is-in-jail-in-massachusetts/