How to Divorce Someone in Prison
Discover how to divorce someone in prison. Master the legal process and handle challenges confidently to start your new life.
To summarize:
- You can file for divorce in Maryland even if your spouse is incarcerated at the time
- You need to have grounds to file CC-DR-020 with Maryland’s courts, much like any other divorce
- Keep copies of any filing you make and any documents you receive for potential future litigation
If you wish to divorce your partner in Maryland, you will need to seek an Absolute Divorce. If you know how to divorce someone out of prison, you know how to divorce someone in prison.
The primary steps include filing, serving the papers to the correctional facility, and attending any hearings that may follow.
Below, we provide information on how to do this, as well as on many of the nuances of divorce during incarceration, including:
- What to do if you have no contact
- How to find a spouse if you do not know where in the system they are
- Performing a diligent search for a spouse
- Handling custody and child support in prison
Read on for the legal advice you need to start the process and learn why Blattner Family Law Group is best placed in Maryland to get you the result you need.
How Do You Divorce Someone You Have No Contact With in Maryland?
Your first step in such a situation should be to confirm whether Maryland is the state that has jurisdiction over your spouse’s divorce. If they are from a different state, you may need to file with the state where they reside.
Begin the process by completing the CC-DR-020 Absolute Divorce form and serving it. Request an issuance of a summons and make sure to fill in the details carefully to avoid challenges to you.
If the summons does not reach your spouse, you will then need to perform a provably “diligent” search before requesting an alternate method of service. Be specific, and record every step you take in efforts to find your spouse.
If the service succeeds, you won’t learn where they are. However, if they don’t file an answer, then you can request a default judgment. Ensure you attend the hearing and bring proof of having served the other party.
How Do You Deal With a Spouse in Jail?
When the other individual is in a known jail, even if you have no contact, you can still document that the mail went through their mail services.
Ensure that you coordinate with the facility to be sure your documents are processed correctly. Serving divorce paperwork in prison can be tricky, and divorce laws for inmates are broadly the same as those outside of jail. The prisoner divorce process does not result in your spouse having fewer rights to respond.
When you file with the courts, be sure to ask about the remote appearance option for your spouse. To an incarcerated spouse, rights such as the right to be present at trial. However, this can be waived by the courts in some cases.
It may be a good idea to book an appointment with a divorce attorney to ensure that you take all the appropriate steps and to give yourself the best chance of avoiding obstacles. Their legal advice for a divorce may be crucial to prevent complications.
Eligibility and Grounds for Divorce With a Maryland Spouse in Jail
Ensure you select the appropriate type of divorce when advocating for it in Maryland. Absolute divorce allows for three key grounds:
- Mutual consent
- Six-month separation
- Irreconcilable differences
If your spouse has already been in jail for over six months, then the six-month separation is easily proven. Alternatively, irreconcilable differences may be harder to prove. It recognizes that your marriage to your spouse has broken down irreparably.
One of the challenges of this is the reduced contact you may have with your spouse in their present state. If you cannot seek mutual consent, you may need to instead wait for a six-month separation to progress.
Court Timeline and Remote Hearing Options
You can typically expect the flow of a divorce to proceed as follows:
- Filing
- Service
- Case management
- Settlement effort
- Merits hearing (remote or otherwise)
Due to the number of steps, submit all exhibits well in advance of the deadline. Doing this ensures that all individuals have the opportunity to review them, preventing opposing counsel from suggesting they have not had sufficient time to do so.
Scheduling may vary by county. However, this means that there is no specific duration that divorce typically takes. It may depend on several factors.
However, if you can file a mutual consent divorce, the process is likely to move much faster. You will not need to prove anything but the absolute minimum, allowing you to move forward without delay.
Custody Support and Property with an Incarcerated Spouse
In Maryland, child custody decisions prioritize the child’s best interests. Incarceration can often be a key factor in this process, as anyone in jail would be unable to look after their child.
After jail, parenting time may be supervised or reduced. While your partner is in jail, however, they may still retain rights to see the child regularly, with these plans changing after their release.
Similarly, property division will not change simply because the other figure is in jail. You will receive an equitable distribution. However, they will be unable to claim the property directly, so they may have to do so through a third party.
Throughout the whole process, make sure to keep any communications logs or school and medical records related to your child. These records are often key factors in proving that you can adequately care for your child.
How to Divorce Someone in Prison: FAQ
How Can an Inmate File for Divorce While Incarcerated in Maryland?
You must file form CC-DR-020, linked above, through the court’s law library or via a counselor.
When you submit this, include the filing fee or request a fee waiver with your financial statements to ensure it is processed.
You can then ask the clerk for a Summons issuance and arrange for the serving of the papers as per the court’s rules. Your spouse should then receive the documents with records of their acceptance.
If you are not willing to appear in court, you can also request a remote appearance for hearings. The court will then provide details on how this will function.
Can I Divorce My Husband Without Him Knowing?
No, this is not possible. Due process laws in Maryland state that you must validly serve your husband with papers, or use a court-approved alternative method to inform them of the process underway.
If you cannot find your spouse, you will need to perform what the court deems a “diligent search” and then file for an alternate service.
There are many methods for this, which are listed on the Motion for Alternate Service and Affidavit. However, a few of the examples offered include:
- Attempting to search for the opposing party in many online and offline locations
- Using certified mail at their last-known addresses
- Sending messages to a range of relatives and friends of the opposing party
- Contacting the Motor Vehicle Administration of Maryland
- Searching the telephone directory
It is only after exhausting several of these options that the court is likely to accept that the person is challenging to locate.
What if Only One Person Wants a Divorce?
While both parties agreeing to a divorce is much faster, Maryland allows parties to file based on irreconcilable differences or a six-month separation, if they are unable to mutually consent. While the other spouse may disagree with the filing, the case will then proceed according to Maryland law.
If the process goes uncontested, expect the divorce to proceed smoothly and efficiently. However, if contested, you are likely to need to go through a long process, including:
- Discovery
- Mediation efforts
- Limited-scope representation
- Potential trial
Many of these are likely to extend the process. However, limited-scope representation is an effort to remove as many barriers as possible. How successful these are will depend on the other party’s willingness to participate willingly.
How Do I See My Husband in Jail So He Can Sign Papers?
You can often search the Maryland Incarcerated Individual Locator or call the Department of Public Safety to learn the location of your husband.
However, once you find where they are, make sure to follow all rules, both of the court and the jail itself, to ensure that any papers are handled carefully.
Get Expert Advice for Jail Divorce Issues
It is essential to know how to divorce someone in prison if you are in such a situation. You will need a strong understanding of the entire divorce process, including its nuances, from filing to service to hearings.
Fortunately, Blattner Family Law Group understands key details regarding divorce proceedings, even in such a unique situation. We also have a key focus on Maryland law, which helps us navigate challenging circumstances.
To learn more about what we can do for you, please get in touch for a complimentary initial consultation to discuss your next steps. We can offer our time and expertise to help alleviate a significant portion of the weight of a divorce from your shoulders today.