There are many reasons for wanting a divorce and one them could be the fact that your spouse is incarcerated. In some cases, a spouse's imprisonment might only be for a short time and couples are able to reunite after the prison term is over. However, if the imprisoned spouse has a sentence of many years it can be much harder to deal with the separation.
If you wish to divorce your incarcerated spouse there are some steps you need to follow. Contact a divorce attorney services professional to help you with your case.
Here are some tips on how to divorce your incarcerated spouse.
It's possible that neither you nor your spouse is contesting the need for the divorce. An uncontested divorce is when all parties agree to divorce and agree tp mos,t it, not all items surrounding the divorce. An uncontested divorce, while one spouse is incarcerated, isn't much different than a typical uncontested divorce.
Your divorce attorneys can negotiate with both of you and draw up the decree that is beneficial to you both.. You both will agree on the division of all assets including property and other financials. You will agree on any child custody arrangments and anything else that needs to be put into the agreement. Your lawyer will then file the papers with the courts and the divorce should go through fairly easily.
Uncontested divorces are typically quicker and faster than ones that are contested.
If you wish to divorce your incarcerated spouse but they are fighting you on it, or at least not agreeing to all terms, this is a contested divorce. An incarcerated spouse has the right to appear at any court hearings that are called unless there is a restraining order against them, or they are deemed too dangerous to appear by the courts.
Your spouse might be contesting who gets custody of your children, you or perhaps a member of his or her family, visitation rights with the child, separation or sale of the home, or division of any other assets.
Your divorce attorney services professional can help you build a case that is beneficial to you. They can help you prove why you should have complete custody of your child while limiting contact with the incarcerated spouse or their family if need be. It will take some time to gather all evidence to prove your case so be sure to provide all information you can to your divorce attorneys.