Going through a divorce is a challenging time for anyone, but when one spouse is in jail, it can make the process even more complicated. If you or your spouse are in jail and contemplating a divorce in Michigan, there are a few things you should know about the process. Here is everything you need to know about divorce in Michigan when one spouse is in jail.
Grounds for Divorce
Before filing for divorce in Michigan, you must have grounds for doing so. There are several grounds for divorce in the state of Michigan, including:
- Adultery
- Bigamy
- Conviction of a felony
- Desertion
- Habitual drunkenness
- Impotence
- Incompatibility
- Recurring disagreements
- Separation for more than one year
- Personal protection order (PPO) violation
If one spouse is in jail, the most common grounds for divorce would be their conviction of a felony or the separation for more than one year. However, other grounds may apply depending on the circumstances.
Filing for Divorce
In Michigan, either you or your spouse can file for divorce. If your spouse is in jail, they can still file for divorce, or you can file on their behalf. It’s essential to note that if your spouse chooses to contest the divorce while in jail, they do have the right to defend themselves in court.
To file for divorce in Michigan, you must complete the following steps:
- Fill out a complaint for divorce form
- File the complaint with the circuit court in your Michigan county of residence
- Have your spouse served the complaint
If your spouse is in jail, the state will serve them on your behalf. However, it’s best to contact the jail and inquire about their process to ensure the complaint is served in a timely and effective manner.
Dividing Property and Assets
In Michigan, all marital property and assets are divided equitably between both parties. Marital property includes anything acquired during the marriage, regardless of whose name is on the title. If your spouse is in jail, it may be challenging to divide property and assets, but it is still possible.
Just because one spouse is in jail does not mean they forfeit their share of marital property. Depending on the situation, the court may decide to award them a percentage of the property and assets. However, it’s essential to work with a lawyer to ensure the division of property is fair and legal.
Child Custody and Support
If you and your spouse have children, it’s essential to consider child custody and support during the divorce process. Depending on the circumstances, the court may award primary custody to the spouse not in jail. However, if the non-incarcerated spouse is not deemed fit to have custody, the court may award custody to a relative or court-appointed guardian.
Child support is also an essential aspect of divorce in Michigan. Even if the incarcerated spouse cannot provide financial support, they are still required to do so by law. The court will use their income when determining the child support amount.
Conclusion
Divorce is never easy, and when one spouse is in jail, it can make the process even more challenging. It’s essential to work with a lawyer who has experience with divorce cases involving incarcerated spouses. They can help you navigate the legal system and ensure that your rights are protected throughout the process.