A divorce can be complicated, but it becomes even more complex when one of the spouses is in jail. In Tennessee, as in most states, the divorce process can be delayed or complicated if one of the spouses is incarcerated. In this article, we will discuss what happens if your spouse is in jail during a Tennessee divorce.
Delay in the Divorce Process
If your spouse is in jail, the divorce process can be delayed. This is because the incarcerated spouse may not be able to attend court hearings or participate in the divorce process. In such cases, it may be necessary to postpone the divorce until the incarcerated spouse can participate.
Serving the Divorce Papers
Serving divorce papers is usually done in-person, which can be difficult if your spouse is in jail. In Tennessee, there are specific rules for serving papers to an incarcerated spouse. The papers need to be served directly on the incarcerated spouse, and the jail must confirm that the spouse received the papers.
Property Division
In Tennessee, property division is based on the principle of equitable distribution. This means that the court will divide the property in a fair and equitable manner. However, if one spouse is in jail, it may be difficult to divide property because they may not be able to participate in the process. In such cases, the court may appoint a guardian ad litem to represent the interests of the incarcerated spouse.
Child Custody and Support
Child custody and support can also be complicated if one spouse is in jail. The court will always prioritize the best interests of the child, which may be influenced by the fact that one parent is incarcerated. In such cases, the court may order supervised visitation or even restrict visitation rights. Child support may also be affected, as the incarcerated spouse may not be able to pay child support.
Conclusion
Going through divorce proceedings can be stressful, but when one spouse is in jail, it can become even more complicated. If your spouse is incarcerated, it is crucial to seek the help of an experienced family law attorney to navigate the divorce process. A skilled attorney will ensure that your rights and interests are protected, and that the process goes as smoothly as possible.