Introduction
Making the decision to get a divorce is never an easy one, but sometimes it is the best option for both parties involved. However, the situation can become more complex if one spouse is currently incarcerated. In the state of Illinois, it is indeed possible to get a divorce even if your spouse is in jail, but there are specific rules and procedures that must be followed in such cases.
Grounds for Divorce
In the state of Illinois, the only recognized ground for divorce is irreconcilable differences. This simply means that the marriage has reached a point of no return, with no hope of reconciliation. It is important to note that this ground for divorce applies regardless of whether one spouse is currently in jail or not.
Serving Your Spouse
Filing for divorce requires serving your spouse with the necessary divorce papers. However, serving an incarcerated spouse is not as straightforward as serving someone who is not in prison.
In the state of Illinois, there is an option to serve your spouse via certified mail. However, if your spouse is currently incarcerated, you must take the additional step of sending a copy of the divorce papers to the warden or superintendent of the institution. It is the responsibility of the warden or superintendent to ensure that your spouse receives the papers, and they are required to sign a receipt as acknowledgment of being served.
Responding to the Divorce
Once your incarcerated spouse has been properly served, they are given a period of 30 days to respond to the divorce papers. If they fail to respond within the given timeframe, you have the right to request a default judgment from the court. This means that the court will proceed with granting the divorce without your spouse’s consent.
However, if your spouse does respond within the 30-day period, they have the opportunity to contest the divorce and may even choose to hire an attorney to represent them. It is important to understand that being in jail does not grant your spouse any special rights, and they are required to adhere to the same rules and procedures as any other divorce-related case.
Property Division and Custody
In the state of Illinois, the division of property in a divorce is done in a fair and equitable manner. This includes all assets acquired during the course of the marriage, such as homes or vehicles. However, if your spouse is incarcerated, it may prove challenging to accurately determine their ownership of specific property and how it should be divided.
Similarly, if you and your spouse have children, determining custody and visitation arrangements can become more complex when one parent is behind bars. The court will always prioritize the best interests of the child, but may take into consideration the fact that one parent is currently serving time in prison.
Conclusion
Navigating through the process of divorcing a spouse who is currently incarcerated can be emotionally and logistically challenging. However, it is indeed possible to pursue a divorce in accordance with Illinois law. It is essential to adhere to the correct procedures for serving your spouse with the divorce papers and to ensure that any decisions regarding property division and custody arrangements are fair and in the best interests of all parties involved.