If your spouse is in jail or prison, you do not have to put your life on hold. New Jersey law allows you to file for divorce while your spouse is incarcerated, and these types of cases are commonly processed by NJ courts. Understanding the steps required to get divorced when your spouse is in jail is crucial in protecting your rights. Read on and work with an experienced Morris County, NJ divorce lawyer for skilled legal advice today.
Can I Get Divorced in NJ if My Spouse is in Jail?
Yes, you can still get divorced in New Jersey even if your spouse is in jail or prison. Incarceration does not prevent you from initiating the process. You can file a Complaint for Divorce even if your spouse is serving time in county jail or state or federal prison.
The Superior Court of New Jersey, which hears divorces, treats incarcerated spouses as any other party with a right to notice and an opportunity to be heard. The fact that they are behind bars will not stop your case from moving forward.
What Are the Valid Divorce Grounds in NJ?
New Jersey law allows both no-fault and fault-based divorce. No-fault divorces are ones where the filing spouse does not need to provide evidence of the other spouse’s wrongdoing. In a fault-based divorce, however, you must be able to demonstrate that your spouse engaged in the behavior that you are filing under.
No-fault grounds in NJ include irreconcilable differences or separation. Fault-based grounds include:
- Adultery
- Willful desertion
- Extreme cruelty
- Voluntarily induced addiction
- Institutionalization for mental illness
- Deviant sexual conduct
- Imprisonment
Not only does your spouse’s imprisonment not prevent you from filing for divorce, but you can even use it as a reason to initiate the process. If your spouse is sentenced and serves 18 or more consecutive months after the marriage occurs, it can be used as a valid divorce ground.
How Does the Process Work?
The process of divorcing a spouse who is in jail is more or less the same as if they were free. You must file the official Complaint for Divorce with the court and “serve” your spouse with notice of the case. For incarcerated spouses, service generally happens through the sheriff or a process server who coordinates with the correctional facility or certified mail to the warden or superintendent of the facility.
Your spouse will have 35 days to file a formal response, either agreeing to or contesting the terms of the divorce. If they do not respond, you can request a default judgment. However, if they do, they can participate in the process through video conferencing, phone, or mail. They may also choose to be represented by a party that can be present.
The outcome of the settlement may be impacted by your spouse’s incarceration, so it is crucial that you are represented by a legal professional who can guide you through the process and advocate for your rights. Reach out to a skilled divorce attorney for more information today.
