Getting a divorce can be a difficult and confusing process, and the situation can become even more complicated if your spouse is currently incarcerated. In New Hampshire, however, it is possible to get a divorce even if your spouse is in jail. This article will explore the legal process for divorce in such circumstances and what you need to be aware of.
Legal grounds for divorce in New Hampshire
When it comes to filing for divorce in New Hampshire, it is necessary to have specific legal grounds, also referred to as reasons, for ending your marriage. The state recognizes various grounds for divorce, some of which include:
- Irreconcilable differences between spouses that have caused the breakdown of the marriage and make reconciliation unlikely.
- Cases of adultery.
- Instances involving alcohol or drug abuse.
- Cruel and inhuman treatment.
- Desertion for two years or more.
- Impotence.
- A spouse being sentenced to imprisonment for more than one year.
As can be inferred, incarceration for over a year is one of the grounds for divorce in New Hampshire. Consequently, if your spouse is currently serving a sentence of more than one year in jail, you have the legal right to file for divorce in the state.
The legal process for divorce when your spouse is in jail
The process for divorce when your spouse is in jail mirrors that of a regular divorce, but it is essential to bear in mind additional considerations.
Serving divorce papers
The initial step in the divorce process is to officially notify your spouse about your intention to seek a divorce. In most instances, this involves serving divorce papers to your spouse. However, if your spouse is in jail, you will need to make arrangements to have the papers served to them while they are in custody.
Response from your spouse
Subsequent to receiving the divorce papers, your spouse will have a specific timeframe within which to respond. Failure to respond within the required timeframe may result in the divorce proceeding without their active involvement.
Representing yourself or hiring an attorney
You have the option to represent yourself in a divorce case or hire an attorney to handle your representation. Considering the additional complications of a divorce involving a spouse in jail, it may be beneficial to enlist the services of an experienced attorney who possesses the expertise in handling such cases.
Property division and child custody
Similar to any divorce, the division of property and the determination of child custody agreements will need to be addressed. This can be a complex matter when one spouse is incarcerated and unable to actively participate in the discussions. Nonetheless, the court will still be able to make decisions based on the best interests of any children involved, as well as the property division laws in New Hampshire.
Conclusion
Although divorcing a spouse who is imprisoned can be a complex undertaking, it is indeed possible within the state of New Hampshire. It is important to ensure that you have legal grounds for divorce, such as your spouse being sentenced to imprisonment for more than one year, and that proper service of divorce papers is carried out while they are in custody. Considering the intricacies involved, it is highly recommended to seek the guidance of an experienced attorney who can navigate the process and safeguard your rights throughout.