Divorcing Your Imprisoned Spouse

 Posted on July 27,2017 in Divorce

If your spouse has been incarcerated, you may wish to get a divorce. Ending your marriage can allow you to move forward with your life and provide protections for yourself and your children. Fortunately, you can complete your divorce while your spouse is incarcerated. The process will require a few extra steps to accommodate your imprisoned spouse, and your spouse’s status as a convict may affect the terms of your settlement.

Filing for Divorce

Divorces start with one spouse serving the other notice of his or her intention to divorce. When spouses are estranged, the requesting party may have difficulty locating the other spouse. The advantage with an imprisoned spouse is that you know where he or she is now and for the foreseeable future. The sheriff of the county where your spouse is incarcerated will serve the divorce papers. Your spouse will have 30 days to respond by either agreeing to the divorce or contesting it.

Divorce Hearing

If your imprisoned spouse agrees to the divorce, he or she can sign the paperwork without needing to appear in court. If your spouse contests the divorce, a court will hold a divorce hearing to decide on the matter. Your spouse is unlikely to attend the trial in person but may be allowed to participate via a live video conference. Citing irreconcilable differences is the only reason that Illinois accepts for granting a divorce. Successfully contesting a divorce under Illinois’ current law is rare, and incarceration may be strong evidence of irreconcilable differences.

Settlement

Once the divorce has been approved, you must negotiate the division of marital property, support payments and allocation of parental responsibilities. Courts try to protect the rights of both spouses, but your spouse’s incarceration will necessarily change the settlement:

• The court will likely grant you most, if not all, of the allocation of parental responsibilities;
• Your spouse may be allowed visits with your children, either in person or by video;
• Without a means of income, your spouse will not be expected to pay child or spousal support; and
• The court may compensate you for the lack of support payments by giving you a greater share of the marital property.

Once your spouse has left prison, you may be able to modify the support payments and allocation of parental responsibilities.

Prison and Divorce 

Divorce can free you from being married to a convict and provide you with some financial benefits. A Kane County divorce attorney at Goostree Law Group can help you file for divorce and represent you in court. Schedule a free consultation by calling 630-584-4800.

Source:

https://www.illinoislegalaid.org/legal-information/your-spouse-jail-or-prison-and-you-want-divorce