If you have a spouse who is an inmate in a prison and wish to divorce them, there is a process you must go through. Divorcing someone who is incarcerated can cost you a lot of money if you don’t know what you are doing. By learning about this process, you can legally separate yourself from your partner for good.

  1. Visit your Local Clerk

The first thing you must do is visit the clerk at your local family court so you can find out which forms you need to fill out. There will be at least one document that you will have to fill out and submit.

  1. Get Your Spouse’s Mittimus

Next you will have to get a copy of the mittimus, which is the paperwork that basically states your spouse was put in prison or jail. You will be required to submit this document with the other divorce paperwork for it to go through without any issues.

  1. Submit the Documents

After you have obtained the mittimus and filled out the required paperwork, you will need to file it at your local family court. The court that you file these documents at needs to be in the same county that you live in. When you go to file the paperwork, you will be required to pay a filing fee. The amount of this fee will depend entirely on where you live. Don’t forget to attach your spouse’s jail documentation paperwork.

  1. Hire a Lawyer if Necessary

If your incarcerated spouse refuses to sign the divorce papers, you may have to hire a lawyer. While it’s fairly rare that a person must do this, you still need to find out by doing some research. Your local county clerk will be able to help you look up these laws if you are not familiar with them.

  1. Get a Copy of the Divorce Decree

You should get a copy of the official divorce decree from your local family court. Make sure that you keep it in a safe and secure place at all times. There is a chance that you will need this document in the future for something, especially if you have kids. This decree is the result of the court’s final ruling on your divorce. It basically says that you and your ex-partner are no longer legally married.


  • Make sure that you get legal advice from a lawyer before starting this process. You should be able to get a free or low-cost consultation from a local divorce lawyer. This will ensure that you don’t make any mistakes that you will regret later on.
  • If you have decided that you want to divorce your spouse, it is important to get started immediately. The sooner you start going through this process, the sooner it will all be over and done with.


If your spouse contests the divorce, they may send a lawyer to court to represent them if they cannot be there in person.

How do I get a divorce with no money?

The simplest way to proceed is to file a settlement or appear in court and tell the judge together what your settlement is. Another option is to move ahead with the divorce as an uncontested procedure, where your ex does not even need to appear.

What are the 5 grounds for divorce?

Following are the 9 common legal grounds for divorce which are widely present in all current enactments on divorce law:
  • Adultery.
  • Desertion.
  • Insanity.
  • Conversion.
  • Renunciation.
  • Cruelty.
  • Venereal disease.
  • Presumption of death.

Can divorces be free?

Legal Aid NSW can give you free help with your divorce. You can: come to a class to get information about your divorce application, or.

Can my husband divorced me without me knowing?

The other situation in which someone could be divorced by their spouse without their knowledge is on the basis of unreasonable behaviour. This is the only ‘fact’ for divorce that does not require the other person to complete and return the ‘acknowledgement of service’ from the Court.

What happens when one spouse doesn’t want a divorce?

State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can’t be located for service. The court will set a hearing date and ask that you appear.

What a husband should never say to his wife?

What should you not do during separation?

Here are 14 phrases good husbands never say to their wives:
  • “You don’t make me happy.”
  • “I never thought we’d be married this long.”
  • “You’ve changed.”
  • “________’s wife allows him to _______.”

What if wife denies to give divorce?

The Disadvantages of Filing First

You Alert Your Spouse to Your Demands –When you petition for a divorce, you usually have to list your desires or demands. Sometimes Pay More Fees – The individual who petitions for a divorce first might have to pay the filing fees.

What happens if husband filed for divorce first?

If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

What am I entitled to if I divorce my husband?

If a divorce petition is filed then first of all, file a WS for the same stating all the facts concluding your prayer and the relief you want from the courts and simultaneously file a transfer petition in Supreme court so that the divorce petition can be transferred in your city.

Who has to leave the house in a divorce?

Spousal maintenance is money paid by one spouse to their former spouse after a divorce has been finalised. It is usually paid when one divorcee does not have a means to support themselves financially outside of the marriage – a common instance is following a marriage when one person was the sole earner.

Can my wife take everything in a divorce?

In California, property acquired while married is community property. This includes a shared family home. Typically, if the house belongs to both spouses and you cannot force your spouse to leave the family home during divorce except under very limited special circumstances.

Who pays divorce costs?

3 attorney answers

She can‘t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

Will my husband be deported if we divorce?

Typically, each party pays for their own legal costs and the person applying for the divorce (the petitioner), pays the court fee, which is currently £550. Read more about divorce costs here. Of course, there is nothing to stop you agreeing with your spouse to split the court fees between you.

What is unreasonable Behaviour in a divorce?

Generally, an immigrant who divorces a United States citizen after two or more years of marriage is less likely to face deportation if you have already obtained a Green Card or permanent residency. In any event, if you divorce after two years of marriage, you will likely be allowed to remain in the United States.

Does the adulterer have to pay for the divorce?

What is unreasonable behaviour? “Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.