Being sentenced to a term of imprisonment can change everything about a person’s life. You may want to get divorced from your spouse if they are incarcerated, whether it is because of the crime they committed or other reasons that have come to a head. However, the process may seem a bit more complex when one spouse is behind bars. If you want to file for divorce but your spouse is in prison, continue reading for more information. Work with a skilled Union County divorce attorney for knowledgeable legal counsel and representation during your case.
Can I Get a Divorce in NJ if My Spouse is in Prison?
Yes, even if your spouse is in prison, you can still file for divorce in New Jersey. The process is more or less the same, and begins with you filing the Complaint for Divorce with the Superior Court of New Jersey. You must then serve your spouse with the papers to formally notify them of your intent to terminate the marriage.
Because your spouse is in prison, you must send the divorce papers to the correctional facility where they are being held. The legal mail department will ensure that they are informed and have the opportunity to respond.
Your spouse has 35 days to issue a formal response, whether they agree to the terms or contest one or more conditions of the settlement. If you need to attend any court hearings, your spouse can appear via video, written statement, or representation by an attorney.
Your spouse’s imprisonment can affect the outcome of property and debt division, alimony, and child custody, so it is important that you are represented by an experienced attorney during this process.
Is Incarceration a Valid Ground for Divorce?
New Jersey law recognizes both no-fault and fault-based divorces. In a no-fault divorce, the spouse who initiates the process does not have to prove any wrongdoing on the part of their significant other. Instead, they can simply state that irreconcilable differences have existed for at least six months and have caused a breakdown of the marriage. Separation for 18 consecutive months can also count as a no-fault ground.
However, NJ also recognizes fault-based grounds, which the filing spouse will be required to provide evidence of. These grounds include adultery, desertion, cruelty, addiction, institutionalization, deviant sexual conduct, and, yes, imprisonment.
You can file for a fault-based divorce on the grounds that your spouse has been imprisoned for 18 or more consecutive months. You can initiate the process while they are still in custody or even use this reason after they have been released. However, if the divorce is filed after the defendant’s release, incarceration can only be used as a valid ground if you did not resume cohabitation after their sentence.
If you have questions or concerns about the divorce process when your spouse is in prison, reach out to a skilled attorney today.
