When you and your spouse decide to divorce, it can be a difficult and emotional time. But what happens when your spouse is in jail? A divorce can still occur when one spouse is incarcerated, but special considerations need to be made. Here are some tips on how to handle divorce when your spouse is in jail in California.
Understanding the Rules for Divorce in California
In California, divorce laws state that you must provide service to your spouse, which means that they must be notified of the divorce proceedings. Service is usually accomplished by hiring a process server to serve the divorce papers, or by sending the papers through certified mail. If your spouse is in jail, serving them can be more complicated.
Serving Your Inmate Spouse
When your spouse is incarcerated, serving them with divorce papers will involve following specific rules and procedures. You may need to obtain a court order for service, which will allow the jail to serve your spouse with the divorce papers. The jail may also have its own rules and regulations for serving inmates, and these will need to be followed in order to ensure that your spouse receives the papers.
Deciding on Key Divorce Issues
Before filing for divorce, it is important to have a clear understanding of what you want to happen in the divorce. Decisions about child custody, spousal support, and property division will all need to be made. When one spouse is in jail, it can be more complicated to make these decisions. You may need to consult with an attorney who has experience handling divorce cases involving inmates in order to determine the best course of action.
Hiring an Experienced Attorney
Divorce cases are complex, and when one spouse is in jail, the situation can become even more complicated. It is important to work with an attorney who has experience handling divorce cases involving incarcerated spouses. Your attorney should be familiar with the rules and procedures for serving inmates with divorce papers, and they should be able to help you make decisions about key divorce issues.
Staying in Contact with Your Spouse
Even though your spouse is in jail, you will still need to keep them informed about the divorce proceedings. You may need to have your attorney send correspondence to your spouse, or you may be able to speak with them on the phone or during visitation hours. Keeping your spouse informed about the divorce will help you move forward with the process more smoothly.
Conclusion
Divorce can be a difficult time, and when one spouse is in jail, special considerations must be made. Understanding the rules and procedures for serving incarcerated spouses with divorce papers is crucial. It is also important to work with an experienced attorney who can help you make decisions about key divorce issues and navigate the complex process of divorcing an inmate. Remember to keep your spouse informed about the proceedings, and be patient as you work through the divorce process. With the right support and guidance, you can successfully navigate a divorce when your spouse is in jail.