Divorcing an Incarcerated Spouse

Though imprisoned individuals are stripped of many rights as punishment for crimes that they commit, they still have the right to obtain a divorce. However, the divorce process becomes more difficult when an individual is in jail, and there is little room for error when filing.

In many cases, married couples grow apart when one spouse is in jail. If you wish to divorce your incarcerated spouse, contact the San Jose divorce lawyers of the Law Office of Daniel Jensen, P.C. at 408-296-4100 to learn more about the process.

Procedure for Divorcing a Jailed Spouse

Much like a traditional divorce, divorces involving an imprisoned spouse require the couple to file paperwork. In the United States, only one spouse has to file the paperwork and must notify the other spouse that he or she is filing for divorce.

As with any other divorce case, individuals wishing to divorce their incarcerated spouses should seek the assistance of an experienced attorney. An attorney will help individuals fill out their paperwork and follow proper procedures.

The most important step when filing for divorce from an incarcerated individual is notifying both the spouse and the correction officers in charge of the prison. Prisoners are typically allowed to leave prison, under supervision, to appear in court.

Contact Us

Divorcing your spouse is a complicated procedure, but it is more difficult when your spouse is in prison. If this is your case, contact the San Jose divorce attorneys of the Law Office of Daniel Jensen, P.C. at 408-296-4100 to find out how we can help.