How To Divorce An Incarcerated Spouse
Texas Prison house Divorce: Tin can You Divorce an Incarcerated Spouse?
Concluding Updated on Oct 6, 2022 by Benson Varghese
Incarceration tin strain a matrimony, especially if someone is behind bars for months or even years. And then it'due south non a surprise when couples decide to throw in the towel and file for divorce in prison. In fact, a felony conviction is a ground for divorce in Texas.
In this article, we volition explain how to get a Texas prison house divorce and answer some oft asked questions.
Can I file for divorce if my spouse is incarcerated?
Yes, you lot tin file for divorce in Texas if your spouse is incarcerated. You practice not take to wait until they are released. In fact, the process is not that different from a "regular" divorce with both parties in the free world.
Yous will need to file an original petition for divorce and accept information technology served on your incarcerated spouse. To practice this, y'all volition need to provide the proper noun and accost of the prison facility where they are being held and their inmate identification number. You can then conform for a constable, sheriff, or process server in the county where your spouse is incarcerated to deliver the divorce petition.
If yous and your spouse are in communication and are in agreement almost the divorce, it is possible for the inmate to "waive" the formal service of divorce papers. At that point, yous tin can send a "waiver of service" to the inmate. The inmate tin can sign it, have it notarized (there are usually notaries in the prison facility) and send it back, signifying that they practise not want to be formally served with divorce papers.
It's important for the unincarcerated spouse to accept an experienced divorce attorney to ensure that the Texas prison divorce is handled correctly.
What if the incarcerated spouse ignores my divorce petition?
If the incarcerated spouse is served divorce papers in prison house merely doesn't answer within 20 days, y'all volition be granted a "default judgment" or "default divorce."
This means you lot can go on with the divorce without your spouse's input or participation. Your attorney volition notwithstanding need to gear up a divorce decree, which volition later be signed past the approximate and entered as an official court society.
Tin a Texas inmate initiate the divorce process?
While the free spouse initiates most Texas prison divorces, information technology is likewise possible for an inmate to file for divorce. The process is a bit more complicated, but information technology can be done. The inmate usually has admission to divorce forms in the prison library, which they can access and complete inmate divorce packets.
Ane of the biggest obstacles for an incarcerated person seeking a divorce is the service of procedure. The inmate volition demand to have someone outside of prison serve the divorce papers on the free spouse. This can exist done by hiring a professional procedure server or request a friend or family fellow member to assist on your behalf. Once the papers are served, the divorce process is underway.
What if the Texas prison divorce is uncontested?
If the divorce is uncontested and both parties agree on the terms, it tin be finalized relatively quickly. Once the divorce papers are served, the gratis spouse can have their attorney draw up the divorce decree and forward information technology to the incarcerated spouse. One time the document is signed by the prison inmate and returned, the attorney can file information technology with the court.
Afterward the required threescore-day waiting period in Texas, the matter will be set up for court. Since your spouse is incarcerated, you and your attorney will attend and respond questions almost the agreements between you and your spouse. Afterward the judge grants the divorce, your ex will be sent signed copies of the divorce decree.
What if a Texas prison divorce is contested?
If both parties are not in agreement, then the divorce is contested and will need to be resolved. In most contested prison divorces, a judge will make last decisions about the division of holding and assets, as well as child support and custody matters.
In Texas, a felony confidence is a footing for divorce. This ways if your spouse was bedevilled of a felony and has been imprisoned for more than a twelvemonth, the estimate may award a greater portion of the marital assets to the unincarcerated spouse.
Tin can a Texas prison inmate nourish divorce proceedings in person?
It's possible, but not likely. In Texas, the incarcerated spouse doesn't have an absolute "right" to announced in person at court hearings. They tin can seek permission from the court, simply in this day and age, it's more efficient and cost-effective for the inmate to nourish past Skype, Zoom, or phone.
How long does a Texas prison house divorce take?
Like a "regular" divorce, in that location is a 60-twenty-four hour period waiting period from the date the divorce petition was filed. (That means it takes 61 days to officially get divorced in Texas.) Notwithstanding, if your spouse has been bedevilled of domestic abuse, a judge tin waive the waiting period and speed up the process.
Need a Texas prison divorce? Contact us.
If you lot live in Fort Worth or the surrounding expanse and are seeking a Texas prison house divorce, contact the attorneys Varghese Summersett Family Police force Group. Our team of experienced attorneys has successfully guided hundreds of families through difficult times, and nosotros can aid you lot, also.
If your spouse is in prison house, then yous have probably had your share of hardships. We offer no-pressure consultations to assistance you understand your options and make the best decisions for your family. In that location is light at the end of the tunnel.
Call 817-900-3220 to speak with a skilled, empathetic divorce attorney today.
Benson Varghese
Turner Thornton is a Fort Worth Divorce and Family unit Lawyer.
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Source: https://familytexas.com/texas-prison-divorce/
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