How to Divorce Someone in Jail
If you’re filing for divorce yet your spouse is incarcerated, you’re going to face quite a few obstacles in finalizing that case and getting that judgment of dissolution. In this video, Sina Mohajer discusses challenges that you could be facing when one spouse is in jail and what are some rights that the incarcerated spouse has, as far as participating in the proceedings?
If you have any questions or would like to speak with a skilled family law attorney, contact Mohajer Law Firm today at (626)569-5200.
Transcript:
If you’re filing for divorce, yet your spouse is incarcerated, you’re going to face quite a few obstacles in finalizing that case and getting that judgment of dissolution. In this video, I’m going to address, one: can you even get divorced if your spouse is incarcerated? What are some rights that the incarcerated spouse has as far as participating in the proceedings? And the third one being, what are some other challenges that you could be facing when one spouse is in jail.
Hi, I’m Sina Mahajar. I’m a family law attorney practicing in Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.
How to Divorce Someone in Jail
First question is, can you even get divorced if your spouse is incarcerated? Simply put, yes. In the state of California, you only need one spouse requesting for a dissolution and the court will give it to you.
Now, leading into the second question, what are some obstacles? The biggest obstacle you’re going to face is really service of process and giving proper notice to your incarcerated spouse. Because they’re in jail, you can’t just have anyone show up and serve them personally with the summons and petition. You can’t just simply send it in the mail and say, here you go, here’s a notice motion hearing coming up in a few weeks.
There’s a certain channel or process that you have to go through in order to properly serve and properly notify your incarcerated spouse.
Rights of the Incarcerated Spouse
But what are some rights that you have as the incarcerated spouse? If you’re in jail, can you participate in the proceedings? Simple answer is yes you can. Just because you’re in jail, you’re limited in your rights, it doesn’t mean you don’t get to say anything when it comes to the divorce process.
Not all issues you might be able to have a say. For example, custody visitation. You’re not going to get any, you’re in jail. But as far as division of assets and debts, spousal support, child support, you do get to participate in those particular issues when it comes to your dissolution case.
Experienced Divorce Attorney in Los Angeles
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