It is not necessary for a spouse who has been properly served to sign any divorce papers for the proceedings to move forward. What if an Incarcerated Spouse Refuses to Sign the Papers? Lastly, if a spouse or former spouse owed child support payments before they were sent to prison, they can sometimes petition with the court to have the payment amounts modified to reflect their income amount during incarceration. The arrangement will need to reflect the incarcerated spouse’s new living arrangement as well as their inability to fulfill any custody and visitation duties. If there was an existing child custody and/or child visitation arrangement in place prior to incarceration, this will need to be updated if one of the spouses enters into a prison facility to serve a sentence. However, the incarcerated spouse generally will not have any physical custody rights while they are in prison, and therefore, no rights to receive child support payments. What About Support and Custody Issues?Īn incarcerated spouse may also be ordered to pay child support and/or spousal support in a divorce situation. Be sure to consult with an attorney if you have any specific questions, concerns, or issues regarding these two matters and the way they interrelate. The length of incarceration necessary for divorce on the ground of incarceration varies from state to state, but is commonly around 1-3 years.Īgain, divorce and incarceration issues are complex matters that can vary from state to state. These include Maryland, New York, Pennsylvania, Texas, and New Jersey. Generally speaking, incarceration is a legitimate ground for divorce in many states. Additionally, it would be beneficial to speak with a family lawyer in your state or region because of jurisdictional issues concerning where you can file for divorce. The best approach in any individual case will again depend on the marriage and divorce laws of the state in which you live. It is generally possible to divorce someone who is in prison serving a sentence. Some facilities may have specific procedures regarding issues like ceremonies and other matters. Thus, if you are considering marrying someone who is in prison, you may also want to ask a lawyer about the conjugal visit policies in your state or in the specific prison facility you may be visiting. It may also depend on the reason behind the prisoner’s incarceration. Conjugal visits are seen as a privilege, not a right, and can sometimes be taken away from individual inmates even if it is still allowed in the state. However, even in these states, the availability of such visitation times may be subject to change. States that still allow conjugal visits include California, New Mexico, New York, and Washington. This is allowed in many states and prison facilities however, the practice is considered to be outdated and is slowly being phased out in many areas. Do I Need a Lawyer for Help Regarding Marriage or Divorce?Ĭonjugal visits are designated time periods that allow married couples to have time spent together while one spouse is incarcerated.What if an Incarcerated Spouse Refuses to Sign the Papers?.There may be various details that apply to your situation that need to be worked out. Providing the necessary documentation and support andĪfter permission to marry has been obtained, you will usually work with the prison facility’s Family Visiting Coordinator to arrange the actual ceremony.īefore pursuing marriage with a prison inmate, it is in your best interests to consult with a family law attorney in your state to discuss your options.The regulations involved in marrying an inmate can vary widely depending upon the institution as well as state laws. Supreme Court has held that, in certain circumstances, prisoners have the right to get married while in jail or prison serving a term. These laws may vary by state, but generally speaking, marriage and divorce can be accommodated even if one of the spouses is in prison or jail. A question that commonly arises is whether a person can get married or divorced if the other person is in prison.

States that allow conjugal visits