How to File for Divorce when Spouse is in Jail

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How to divorce a Florida inmate

How to File for Divorce when Spouse is in Jail

File for Divorce when Spouse is in Jail

If you are looking to file for a dissolution of marriage in Florida but your spouse is incarcerated keep on reading

If your husband or wife is jail then the best option to file for divorce in Florida is to do it by summons. However keep reading because there is another option to get divorced when spouse is in jail that may make it easier and quicker.

What does a divorce by summons entail?

A divorce by summons is also known as a divorce by sheriff, because it involves getting the other spouse served divorce documents by a sheriff or process server.

This means that the process will most likely look like this:

  • Divorce documents are prepared and signed in front of a notary
  • Papers will go be filed in person at the courthouse or efiled through the online court system
  • A private process server or sheriff in the county where the jail is located is hired or engaged and he/she will deliver the documents to the inmate in person
  • You need to wait 20 calendar days from the date your spouse was served. After the waiting period, additional paperwork is filed and a hearing is scheduled
  • You will attend the hearing and will most likely be divorced that day.

How much does a Florida Divorce when your Spouse is in Jail Cost?

It depends on 4 factors:

1 – Do you qualify for a court filing fee waiver?

The waiver is granted by the court for those Divorce Petitioners that have low monthly income. Check here for qualifications

Divorce when spouse is in jail

Another Option

There are jails that have notaries in their facilities and will assist the inmate with notarizing divorce documents AS LONG as your spouse is ok to do so.

If this is the case then we can help you file for a divorce without having to go to a court hearing.


How to File for Divorce when Spouse is in Jail

When you divorce an inmate the process is simple and it may require a sheriff to go to the jail and serve your spouse.

It takes approximately 3 months to complete and require a hearing.

PS – We are not attorneys and do not provide legal advice. Please talk to a divorce attorney for legal advice.

Being Peaceful when going through the process of Divorce when spouse is in jail

Please remember that while this is very difficult for you, this will pass. You are stronger than you think you are and even if you choose to proceed without our assistance we pray that you find peace. Remember to take one step ahead of the other and keep moving. We have created a You Tube channel where we share ideas and exercises that will help you shift your mind and open yourself up to the greatness inside of you. 

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Summary of Divorce when Spouse in in Jail

Filing for divorce when spouse is in jail is possible. Here are more resources