Preserving Families

And Protecting Assets

mother and two kids walking at sunset

Can I divorce my incarcerated spouse?

It may be very difficult to make a marriage last if one half of the couple is behind bars. Incarceration is hard on a marriage, so hard that it often leads many Texas couples in these cases to divorce. Ending a marriage is always a difficult decision to make, whatever the reasons, but perhaps even more so when it is made under such extreme circumstances.  

Much the same as other divorces 

Divorcing someone who is in prison is pretty much like divorcing someone who isn’t. If both individuals agree on the most important things, a divorce without strings – known as an uncontested divorce – might be possible. It may be more difficult when there is animosity, indifference or disagreement on issues involved. It’s more of an effort when the divorce is contested. Most often an incarcerated individual can attend divorce proceedings and if they can’t a guardian may be appointed as a sit-in. 

Can an imprisoned individual file for divorce? 

Someone who is serving time can, indeed, file for divorce. As with anyone else, the individual needs to obtain and fill out the documents, but the difficult part may be in filing. Many inmates don’t have the necessary resources to hire legal counsel, or to pay their part in court fees. That being said, there are some institutions that will help inmates to properly file divorce papers.    

For some people, having a spouse behind bars or being the incarcerated spouse is extremely difficult. Face-to-face communication may be very infrequent or not at all. For some Texas couples, it’s impossible to get through and the only way to move ahead is to divorce.