Is it better to get a divorce while my husband is in jail? 7 Answers as of September 11, 2013

I am wanting a divorce from my husband. He has been in and out of jail and prison for most of our relationship, and there was a lot of domestic violence and I was wondering if it was cheaper to get a divorce from him now that he is in jail. We have been split up for over 2 years now.

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Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
It may be easier to obtain service on your husband when he is incarcerated. While your spouse is in jail, they cannot contest custody. The down side of obtaining a divorce while a spouse is incarcerated is the court may impose a lesser sum as child support based on the inability to be employed. It will also be more difficult to enforce any orders for your spouse to pay marital debts. Your primary question should be whether or not you want to remain married to a person who is in jail. Since you have already been separated for two years, if you want to move on with your wife, you should consider initiating divorce proceedings.
Answer Applies to: Utah
Replied: 9/11/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
It could be cheaper. Your husband might be willing to sign the papers or the divorce can be accomplished on default if your husband is in jail and cannot appear.
Answer Applies to: Nevada
Replied: 9/11/2013
Peyton and Associates | Barbara Peyton
It seems like an ideal time.
Answer Applies to: California
Replied: 9/11/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
The cost is unaltered by the fact that he is in jail.
Answer Applies to: New York
Replied: 9/11/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It will only be cheaper if he doesn't contest it.
Answer Applies to: Idaho
Replied: 9/11/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    It is probably sixes. There are some advantages to seeking a divorce while your spouse is incarcerated, but there are also aspects of incarceration that will slow the divorce process down. All things considered, I see no reason to delay filing for and seeking a divorce until after your spouse is out of prison. Just don't expect his imprisonment to make the case any easier or cheaper (or, by the same token, harder or more expensive) than if he had been a free man.
    Answer Applies to: Utah
    Replied: 9/11/2013
    Victor Varga | Victor Varga
    It would be easier as you would have no problem serving him.
    Answer Applies to: Maryland
    Replied: 9/11/2013
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