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How to Divorce Someone in Jail or Prison in Florida
How to Divorce Someone in Jail or Prison in Florida
Yes, you can file for divorce in Florida while your spouse is incarcerated. Being in jail or prison does not prevent your husband or wife from being served with divorce papers, and it does not mean you have to wait until they are released to start the divorce process.
In most incarcerated-spouse cases we handle, the divorce is started by filing the appropriate documents and then formally serving the incarcerated spouse with a summons at the jail or prison.
Your spouse does not have to voluntarily sign the initial divorce papers for you to start the process.
At Divorce in Florida Online, we are non-attorney document preparers. We help prepare Florida divorce documents, electronically file appropriate documents, and provide procedural assistance with coordinating service when a spouse is incarcerated.
Can You Divorce Someone Who Is in Jail or Prison?
Yes. An incarcerated spouse can still be a party to a Florida divorce.
One practical difference is that your spouse is living in a correctional facility rather than at a regular residential address. That affects how the divorce documents are delivered to them, but it does not necessarily prevent the case from moving forward.
If your incarcerated spouse will not or cannot voluntarily participate in preparing and signing the initial divorce documents, the case can generally be started through the summons process.
For a broader explanation of that process, visit our Divorce by Summons in Florida guide.
How Do You Serve Divorce Papers on Someone in Jail or Prison?
When your spouse is incarcerated, the divorce papers generally need to be formally served at the correctional facility where they are being held.
The exact logistics can depend on the facility and where your spouse is incarcerated.
In the cases we handle, we help coordinate the service process so the appropriate sheriff or process server can arrange for the required divorce documents to be delivered to the incarcerated spouse.
After service is completed, proof of service is generally filed with the court.
The date of service is important because your spouse generally has 20 days after being properly served to file a written response with the court.
How Does a Florida Divorce With an Incarcerated Spouse Work?
Every case is different, but the beginning of the process generally looks like this:
- We collect the information needed to prepare the appropriate Florida divorce documents.
- The spouse starting the divorce signs the required documents.
- The appropriate documents are electronically filed with the court.
- A summons is issued for the incarcerated spouse.
- Service is coordinated at the jail or prison where the spouse is being held.
- The incarcerated spouse is formally served with the required documents.
- The spouse generally has 20 days after service to respond.
- The next steps depend on whether the incarcerated spouse responds and what issues are involved in the divorce.
Incarceration does not automatically make the divorce simple, contested, uncontested, or eligible for default. Those questions depend on the circumstances of the case and what happens after service.
Does My Incarcerated Spouse Have to Sign the Divorce Papers?
Not necessarily.
If your spouse is being formally served through the summons process, you generally do not have to wait for them to voluntarily sign the initial divorce documents before starting the case.
This is particularly important with incarcerated spouses because obtaining voluntary notarized signatures inside a correctional facility can be difficult.
Some correctional facilities may have access to notarization or procedures that allow an inmate to sign documents voluntarily. However, many jails do not have a notary readily available, and arranging for an outside notary to enter a correctional facility can be difficult.
For that reason, most incarcerated-spouse divorce cases we handle proceed by formally serving the spouse rather than depending on their ability to obtain notarization inside the facility.
What If My Spouse in Jail or Prison Is Willing to Cooperate?
An incarcerated spouse may be willing to cooperate even though completing documents from inside the facility is difficult.
If your spouse is willing to participate, the available options depend partly on what the correctional facility allows.
Some facilities may provide access to a notary or have procedures for inmates to complete legal documents. Others may not.
Before relying on voluntary signing, it is important to determine whether the facility can realistically accommodate the required documents and notarization.
If that is not practical, formal service may still provide a way for the divorce case to move forward.
What Happens After My Incarcerated Spouse Is Served?
After proper service, your spouse generally has 20 days to file a written response with the court.
From there, the case can develop in different ways.
If Your Spouse Responds
If your incarcerated spouse files an answer, the next steps depend on what they agree or disagree with.
The fact that someone is incarcerated does not prevent them from responding to the divorce case.
If issues remain unresolved, additional documents and court procedures may be required.
If Your Spouse Does Not Respond
If your spouse has been properly served and does not file a response within the applicable period, you may be able to request that the case proceed toward a default.
A default does not mean that you are automatically divorced on the 21st day.
Additional documents and court procedures are generally required before a Final Judgment can be entered.
What If We Do Not Have Minor Children or Significant Property?
If your spouse is incarcerated and your divorce does not involve minor children or significant property issues, your case may fit our simple summons process.
Learn more about Simple Divorce by Summons in Florida.
What If We Have Children Together?
If you and your incarcerated spouse have minor children together, the divorce requires additional documents and information.
The case may need to address matters including:
- Parental responsibility
- A parenting plan
- Time-sharing
- Child support
- Financial affidavits
- The required parenting course
- Other issues involving the children
Incarceration does not eliminate the need to properly address the children’s issues as part of the divorce.
Learn more about Divorce With Children by Summons in Florida.
What If Property, Debts or Alimony Are Involved?
An incarcerated spouse can still be involved in a divorce that includes property, debts, alimony requests, or other financial issues.
These issues can make the case more complex, particularly if the spouses disagree about how they should be resolved.
Formal service starts the process and gives the incarcerated spouse an opportunity to respond. It does not automatically resolve disputed financial issues.
If you need advice about your legal rights, property division, alimony, or what you should ask the court to order, you should speak with a licensed Florida family-law attorney.
Do I Use Publication Because My Spouse Is in Jail?
Generally, incarceration and a missing spouse are two very different situations.
If you know the correctional facility where your spouse is being held, then you know where your spouse can potentially be located for service.
Divorce by publication is generally associated with situations where a spouse genuinely cannot be located after the required search efforts have been completed.
If your spouse is incarcerated and their location is known, the summons and formal-service process is generally the more relevant path.
What Information Do I Need About My Incarcerated Spouse?
When contacting us, it is helpful to provide as much information as you have about where your spouse is being held.
This may include:
- Your spouse’s full legal name
- The name of the jail, prison, or correctional facility
- The facility’s location
- An inmate or booking number, if available
- Whether your spouse is expected to remain incarcerated
- Whether your spouse is willing to cooperate with the divorce
If you do not know all of this information yet, that does not necessarily mean you cannot start exploring your options.
Does My Incarcerated Spouse Have to Attend the Divorce Hearing?
Whether a hearing is required and how an incarcerated spouse may participate are matters that can depend on the type of case, the issues involved, the court, and the circumstances at that stage of the divorce.
We do not promise that an incarcerated spouse will or will not participate in a hearing, and we do not provide legal advice about requesting court appearances or other legal relief.
If your case raises questions about an incarcerated spouse’s participation in a court proceeding, you may need to obtain guidance from the court or speak with a Florida family-law attorney.
How Long Does It Take to Divorce Someone in Jail or Prison?
There is no single timeline that applies to every divorce involving an incarcerated spouse.
The timing can depend on:
- How quickly the divorce documents are prepared and filed
- How quickly service can be arranged at the correctional facility
- Whether your spouse responds
- Whether children are involved
- Whether property or financial issues are disputed
- Whether additional court procedures are required
- The court’s scheduling and processing time
For that reason, we do not promise that an incarcerated-spouse divorce will be completed within a specific number of months.
Can I Handle the Divorce Process Remotely?
Much of our document-preparation process can be handled remotely.
We collect information electronically, prepare the documents, communicate with you remotely, electronically file appropriate documents, and help coordinate procedural steps as the case moves forward.
No office visit is needed.
How Divorce in Florida Online Helps
Divorce in Florida Online has helped people throughout Florida prepare divorce documents for more than 15 years.
We serve clients throughout all 67 Florida counties and have experience assisting with document preparation when the other spouse needs to be formally served, including situations where the spouse is incarcerated.
Depending on your case, our service may include:
- Preparation of the appropriate Florida divorce documents
- Electronic filing assistance
- Procedural assistance coordinating service at the correctional facility
- Preparation of additional documents as the case progresses
- Default-related document preparation when appropriate
- Remote communication throughout the document-preparation process
Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. If your situation requires legal advice, strategy, representation, or advice about what you should ask the judge to order, you should consult a licensed Florida attorney.
Frequently Asked Questions About Divorcing an Incarcerated Spouse
Can I divorce my husband or wife while they are in jail?
Yes. Your spouse’s incarceration does not necessarily prevent you from filing for divorce. If the facility where your spouse is being held is known, they can generally be formally served as part of the divorce process.
Can you serve divorce papers on someone in prison?
Yes. Formal service can generally be arranged at a jail, prison, or correctional facility. The practical procedure can vary depending on the facility and location.
Does my spouse have to sign divorce papers while incarcerated?
Not necessarily. If your spouse is formally served through the summons process, their voluntary signature on the initial divorce documents is not necessarily required for you to start the case.
What if the jail does not have a notary?
This is one reason formal service is important in incarcerated-spouse cases. Many facilities do not have a notary readily available, and bringing an outside notary into a correctional facility can be difficult. The summons process does not depend on your spouse voluntarily notarizing the initial divorce documents.
What if my incarcerated spouse agrees to the divorce?
Cooperation may make some aspects of the case easier, but the practical ability to sign and notarize documents depends on what the correctional facility allows. If voluntary signing is not practical, formal service may still be used.
What happens if my spouse ignores the divorce papers in jail?
If your spouse is properly served and does not file a response within the applicable period, you may be able to request a default. Additional documents and court procedures are still generally required before the divorce can be finalized.
Can I use divorce by publication if my spouse is incarcerated?
If you know where your spouse is incarcerated, their location is known. Publication is generally associated with situations where a spouse genuinely cannot be located after the required search efforts.
Can you help me serve my spouse at the jail or prison?
As part of the divorce document-preparation process we handle, we can provide procedural assistance with coordinating service through the appropriate sheriff or process server when the spouse is incarcerated.
Ready to Divorce an Incarcerated Spouse?
If your husband or wife is in jail or prison, tell us what is happening.
Let us know where your spouse is incarcerated, whether you have children or property together, and whether your spouse is willing to cooperate.
We’ll review the information you provide and determine which of our document-preparation services may fit your situation.
Tell Us About Your SituationOr call us at 800-474-1970.
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.