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.

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 from an Inmate 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

2 – You have no children or any joint bills or properties together?

Then you qualify for a simple divorce. Our fee is $280 which is paid on 2 payments of $140 each.

3 – You have no children but have property together?

Then your divorce would be a divorce with property. Our fee is $320 which is paid in 2 payments of $160 each.

4 – You have minor children?

Then your divorce is a divorce with children. Our fee is $420 which is paid in 2 payments of $210 each.

What Does Our Fee Includes?

  • Preparation all the forms required
  • Assistance you with efiling
  • Submitting the paperwork required to the sheriff
  • Submit the follow up documents after the 20 calendar days expire and get the final judgement hearing scheduled

How to File for Divorce when Spouse is in Jail

When you divorce an inmate the process is simple and it will require a sheriff to go to the jail and serve your spouse. It takes approximately 3 months to complete and require a hearing.

All you will need to do is attend a hearing. Ready to talk to document specialist?

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