A divorce is an unpleasant and unfortunate situation in anyone’s life, but sometimes it becomes inevitable. However, when one of the partners is in prison, this can complicate the process even further. In Pennsylvania, just like in any state in the US, a divorce can be granted if one spouse is incarcerated. In this article, we will explore the process of obtaining a divorce in Pennsylvania when one spouse is in jail.
Legal Grounds for Divorce in Pennsylvania
In Pennsylvania, there are two main legal grounds for divorce – fault and no-fault. This decision depends on the reason for the marriage breakdown. If one spouse is in prison, the grounds for divorce are likely to be on the basis of irretrievable breakdown of the marriage.
Filing for Divorce in Pennsylvania
Filing for divorce in Pennsylvania is possible even if one of the spouses is in prison. There is no need for the incarcerated spouse to give permission or be present in court. However, in this case, the spouse outside of prison must satisfy the requirements for the divorce to be granted.
In Pennsylvania, the spouse filing for divorce must be a resident of the state for at least six months before filing. The filing party should file the divorce in the country where they reside. If the incarcerated spouse files first, they can file it in their county of residence, but then it will be more challenging for the outside spouse to respond.
Serving the Incarcerated Spouse With Divorce Papers
One of the challenges of getting a divorce when one spouse is in jail is serving them with the legal documents. The outside spouse must ensure that the incarcerated spouse receives the petition for the divorce, and this can be done in a few different ways. If the inmate signs a waiver of service, they can be excused from the process, or the outside spouse can arrange for a process server to deliver the papers to the prison.
Divorce Proceedings
If one spouse is incarcerated, they can participate in the divorce proceedings if they wish. They have the right to retain an attorney to represent them, or they may choose to represent themselves. The court will appoint an attorney for the incarcerated spouse if they cannot afford one.
Conclusion
Although getting a divorce when one spouse is in prison may seem complicated, it is possible in Pennsylvania. The process may take longer and require more work than a typical divorce, but if the spouses are willing to cooperate, it can still happen. Seeking the help of an experienced divorce attorney can help you navigate the legal process more efficiently and help you get your divorce as soon as possible.