Can I Divorce My Spouse if He is in Jail?

Retainer Fees and Paying for Your NJ Divorce Attorney

Though nearly all divorce is complicated, it can be even more so if your spouse is currently incarcerated. If you are looking to divorce an incarcerated spouse, you must read on and reach out to our experienced Bergen County divorce attorneys to learn more about how we can help you through the legal process going forward. Here are some of the questions you may have:

Can I divorce my incarcerated spouse for free?

Unfortunately, divorce is almost never free. If you are looking to divorce your incarcerated spouse, you will need qualified legal assistance to ensure the process is resolved as quickly and efficiently as possible. Being married to an incarcerated individual can place extreme amounts of pressure on a family, so we understand the importance and sensitivity of the matter. Do not risk hiring just any attorney–our firm is here to fight for your rights.

What paperwork will I need to divorce my incarcerated spouse?

Having all of the necessary paperwork for these special divorces is essential. Before you go ahead with the process, you may need information regarding your spouse’s incarceration, which you will most likely have to receive from the criminal court clerk. To ensure you have all the essential materials before proceeding, simply hire an experienced attorney who is more than familiar with these sorts of situations. When it is time to serve your spouse divorce papers, you may either hire someone to do so, mail the serve via certified mail, or go to the prison where your spouse is located and serve him yourself. You will then obtain proof of service.

From here on out, the rest of the process is fairly standard and comparable with all other divorces, however, your spouse will not be in attendance at the hearings. If you and your spouse agree on your divorce’s terms, you will have an uncontested divorce. However, if you cannot agree, you will have a contested divorce where you and your spouse’s assets may be subject to equitable distribution. Our firm is ready to fight for what is yours.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. Our experienced divorce and family attorneys are here to help you understand and successfully navigate the various legal issues that may arise moving forward.

To speak with our team of divorce lawyers today in a free and confidential consultation regarding your divorce-related concerns, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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