How to File for Divorce From Prison

Whether or not you are incarcerated, all states have different procedures for filing for a divorce. Seeking a divorce from inside a jail cell can be time consuming but not impossible and in some cases be fairly easy to obtain. Some states even allow inmates to file for divorce for free.

Instructions

1. Contact the county clerk's office in your area to obtain all necessary paperwork to file for divorce. Obtaining forms from the law library may also be possible since most prisons have one.

2. Contact the prisoner legal service if you are unable to obtain the forms yourself. They can provide you with a divorce package with the proper forms and procedures.

3. Hire a process server to serve your spouse the divorce papers. If you cannot afford one, send the papers to a friend who can hire one for you.

4. Attend the divorce proceedings. If you are unable to attend, you must grant power of attorney to someone you trust to represent you in court. If the divorce is uncontested, neither party is required to appear in court.

Tips & Warnings

• It is very important to have all forms filled out completely. Doing so will prevent you from having your file denied and having to start the whole process over again.

• The laws for filing for divorce vary from state to state so check with your county clerk's office for laws pertaining to your state and individual situation.

• Additional paperwork will be needed if you and your spouse have children together or if you are in the process of filing for bankruptcy.

References

• Filing for a Divorce while Incarcerated
• Divorcing While in Prison
• Prison Talk
• Serving Your Spouse Divorce Papers While in Prison