If your spouse has landed themselves behind bars in New Jersey, you may be wondering whether you can file for divorce while they are incarcerated. Please continue reading as we explore whether New Jersey law allows for the dissolution of marriage when a spouse is serving time in prison and how our seasoned Middlesex County Divorce Lawyers can help you understand your legal options during this difficult time.
What Are the Legal Grounds for Divorce if My Spouse is Incarcerated?
Contrary to popular belief, you can file for divorce while your spouse is serving time in prison. As long as you meet New Jersey’s residency requirements, which stipulate that either you or your spouse has resided in the state for at least one year, you can pursue a divorce.
One of the grounds permitted for divorce in New Jersey is incarceration. Therefore, if your spouse has been sentenced to 18 months or longer, you may cite this as the reason for the breakdown of your marriage. If your spouse’s prison sentence is shorter than this timeframe, you can still file under other grounds, like irreconcilable differences, abandonment, or extreme cruelty, depending on your unique circumstances. An attorney can help you determine which ground best fits your case.
How Do I Serve Divorce Papers to an Incarcerated Spouse?
When serving divorce papers to an incarcerated spouse, specific protocols must be followed to ensure the legal validity of the service. Adhering to these steps is crucial to avoid unnecessary delays and the potential dismissal of your case.
Divorce papers are typically served through the prison warden or the local sheriff’s office. Once your spouse has been served, you will need official documentation proving that your spouse received the legal documentation. Unfortunately, any mistakes in the service process can impede your case. Engaging an attorney is advisable as it can streamline this process, ensuring proper and timely handling of all necessary divorce procedures.
What if My Incarcerated Spouse Doesn’t Respond to the Divorce Papers?
In New Jersey, you typically have 35 days from the date you are served with divorce papers to respond. Failing to respond within this deadline can result in a default divorce in which the court grants the divorce based on your requests without hearing your spouse’s side.
The presiding judge will examine the divorce petition and all supporting documentation filed to ensure they satisfy the state’s legal requirements. This includes verifying proper service of the divorce papers.
If all necessary divorce paperwork is in order and the 35-day response period has passed without your spouse filing a response, the judge can grant the divorce. It’s important to understand that your spouse’s agreement or presence is not required for the divorce to proceed under these circumstances. This can expedite the termination of your marriage, as you won’t need to negotiate any terms or wait for your spouse to engage in the divorce proceedings.
If your spouse is incarcerated and you want a divorce, please don’t hesitate to contact an attorney at Arndt & Sutak, LLC, today so we can guide you through this complex process and onto a brighter future.
