If your spouse is incarcerated and you desire to terminate your marriage, you need to understand basic information concerning the process of divorcing an inmate. Marriage dissolution laws and procedures do vary slightly from state to state. Nonetheless, the process associated with terminating your marriage to an inmate is generally the same no matter where you reside or where your spouse is incarcerated, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Step 1
Go to the clerk of the court in the county where you reside. Request a petition for divorce form. The typical court clerk maintains the forms needed to file and pursue a divorce case without legal representation.
Step 2
Complete the petition for divorce, following the directions provided in the guidelines from the clerk of court's office.
Step 3
Include specific information in the petition about your spouse being incarcerated. Set forth the name of the institution where your spouse is imprisoned as well as his full legal name. Include your spouse's inmate number in the petition.
Step 4
Return to the clerk's office to file the petition. Filing is accomplished by delivering the original document to a member of the clerk's staff.
Step 5
Request the court clerk to serve the petition to your spouse at the institution where she is incarcerated. The clerk likely will provide you a specific form to complete in regard to serving the petition to your spouse in prison. The form essentially asks for the location information you placed in the petition.
Tips and Warnings
- Divorce cases generally, and those involving an imprisoned spouse, are complicated legal matters. Consider engaging the services of an experienced lawyer to represent your interests. The American Bar Association maintains resources to help you find an experienced attorney.
Things You'll Need
- Petition for divorce
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- American Bar Association: Section of Family Law
- HG.org: Guide to Family Law
