How to File for Divorce While Incarcerated

Filing for divorce from behind bars is difficult--not impossible.

Filing for divorce, completing the necessary paperwork, and attending court hearings while incarcerated can be difficult. You need to make sure you fill out all paperwork correctly. Failing to do so might prolong your request for divorce until after your release. Although filing for divorce from behind bars may be difficult and time-consuming, it is not impossible. Remember that all states have different procedures and requirements for filing for divorce. In fact, divorce papers may be easier to obtain than you think; some states may allow inmates to file for little or no cost.

Things You'll Need

• Divorce paperwork
• Waiver to forgo fees
• Lawyer
• Process server

Instructions

1. Fill out and file all necessary paperwork with the clerk of courts. If you are unable to do this yourself, have your lawyer do it. Depending on your facility, social workers may be available to help you as well. These papers can be obtained at no cost to you at the county clerk's office or from the library in the prison. The prisoner legal service may also provide you with a divorce package that contains the correct forms and procedures. Remember to avoid signing the papers until you give them to a clerk of courts since they will need to be notarized.

2. File a waiver to forgo the court filing fees. These papers can also be obtained from the clerk of courts and will enable you to file for divorce without paying the associated fees.

3. Hire a process server. You need someone to serve your spouse the divorce papers while you are incarcerated. If you cannot afford to hire an official, send the papers to a friend or family member who can hire one for you.

4. Attend the divorce proceedings, if possible. Tell the correction officers in your facility of your plans so they can make any necessary arrangements. If you cannot attend, you can grant power of attorney to a friend or family member to represent you. If your spouse disagrees with any statements or terms in the divorce, it is considered contested and both parties are required to appear. If your spouse agrees with everything and signs the papers, the divorce is considered uncontested.

Tips & Warnings

• Make sure you fill out all the paperwork completely and honestly to prevent your case from being denied. If it is denied, you will need to start the process over again.

• Laws and regulations vary among states so check with the office of your county clerk for laws and regulations pertaining to your situation.

• Other situations may require additional paperwork such as bankruptcy filings or the involvement of children.

References

• People's Law: FAQ about Service of Process
• WomensLaw: Know the Laws: Divorce
• Columbia Law School: Prison Marriage and Divorce