24/7 call for a free consultation 888-504-2746

AS SEEN ON

Blog

Would incarceration be considered grounds for divorce?

June 30, 2018

Prison and jail are not the same thing. A person may be sent to jail even if they have not be convicted of a crime. A person can still be in jail for several weeks or even several months as they await for their court date. Prison is where people go after they have been convicted. For married couples, any form of imprisonment can be hard on the marriage. Before being arrested and sent away, the couple may have had all sorts of marital problems. A woman may have been verbally or even physically abused by her partner. He may not have provided her with his fair share of contribution to the marriage financially. The woman have abused drugs or not taken care of their children properly. The imprisonment may be the final issue that causes a true marital breakdown. In that event, many people start to think about initiating divorce proceedings. Getting a divorce is not a question of merely going to court for a day and asking for divorce. Divorce laws greatly vary by state. This is why it is useful to know about divorce laws in any given location as well as how incarceration may affect the partner’s rights. Any partner may want to think careful before they decide to pursue this avenue of attack.

No Fault Divorce

A no fault divorce is a common choice. A no fault divorce means that both parties are not at fault for the failure of the marriage. No fault divorces have become increasingly common in many states. This form of divorce is available in every state. When couples seek a divorce, the state requires them to indicate a reason why the legal marriage contract should be ended. In previous decades, a partner needed to indicate a specific reason why they were getting the divorce. Such grounds included adultery, if one partner had mental problems, if the partner had harmed his wife or if they had abandoned them. This is not necessary today. Instead, couples can use phrases such as irreconcilable differences or incompatibility. These are legally accepted reasons to get a divorce. Nothing more is required of both parties from the courts. No fault divorces are highly useful. They help prevent lengthy court sessions that can be costly and time consuming. For a short marriage where there are few assets and no children, the no fault divorce is an excellent option.

Fault Based Divorces

While all states allow for a no fault divorce process, some places allow one spouse to claim a fault based divorce. There are many reasons for a fault based divorce. These reasons include drug or alcohol abuse and emotional cruelty. Such grounds also include the fact that the spouse is currently incarcerated or is facing a prison term in the near future. Choosing this option can be useful. A spouse may want to do all they can to make sure they do not need to remain in touch with their former partner. At the same time, it should also be kept in mind that this kind of divorce can also be more complicated than a standard no fault divorce. Each state has highly different laws in regards to filing for a divorce on the grounds that one partner is incarcerated. It is important to understand exactly what each person needs to do in order to make sure the divorce is done properly. For example, getting a divorce of this kind in New York state requires the spouse to be imprisoned for at least three years in a row. The prison sentence must have started while the partners were married. By contrast, in Louisiana, the spouse can file for a fault divorce if the other spouse has been given the death penalty or they are doing court ordered hard labor behind bars while incarcerated.

Getting the Paperwork

If you are going to pursue this kind of divorce, you will need to have your paperwork in order. As a spouse, you are entitled to certain forms of information. You will need to prove to the courts that your spouse is incarcerated. You may need to go down to the prison system and request certain documents in person or have them mailed to you. A judge may ask for further information such as the spouse’s prison number and their current location in the prison system. It’s crucial to have this information on hand before you do anything else.

Legal Consultation

Incarceration can be grounds for divorce. However, it is important to understand exactly how the laws governing this potential decision play out in your state. You should have a divorce lawyer on your side. The divorce lawyer can help you decide if this form of divorce is the right path for you. They can also help you search for the necessary documentation you’ll need as the case starts. A divorce lawyer may suggest other options instead. They might point out that it might make more sense for you to decide on the no fault divorce path. This is why a consultation and legal representation is a must. Incarceration can cause serious consequences for many years. Even a previously incarcerated person who has already completed their sentence may have remaining issues such as an inability to do certain jobs. The best course of action may be for one partner to do all they can to keep away from this person.

Call Now!