When you decide to file for divorce in Missouri, you may anticipate the complexity of this process. However, this process can be even more overwhelming when your spouse is behind bars. If this represents your circumstances, you may wonder if it’s even possible to pursue a divorce against an inmate. The following blog explores what you should know about these difficult matters, including the importance of working with St. Louis County divorce lawyers to help you navigate this complex process.
Is It Possible to File for Divorce When a Spouse Is Incarcerated?
Unfortunately, many assume that because a spouse is incarcerated, it will inhibit their ability to pursue a divorce. However, this is far from the truth. In reality, this process is possible, though it may be more difficult to navigate this process due to the circumstances.
Unlike other states, Missouri does not have at-fault divorce. As such, you will be unable to file on the grounds that your spouse is incarcerated. This means that your only option to file for divorce is to pursue a no-fault divorce on the grounds of irreconcilable differences. However, should your spouse contest the divorce, you may need to prove a fault-ground, like adultery, abandonment, cruelty, or living separately for 12 months. While incarceration isn’t a listed ground, in many states, this is viewed as wrongdoing severe enough to warrant a divorce.
What Are the Steps Involved in This Process?
If you wish to file for divorce when your spouse is incarcerated, it’s important to understand your legal options. Generally, one of the most important steps you should take is to connect with an experienced attorney. They can assist you through these difficult matters to help ensure you can take the necessary steps to navigate this process.
One of the most difficult aspects of filing for divorce when your spouse is incarcerated is the service process. Unlike a traditional divorce, you’ll find that you may need to coordinate with the prison where your spouse is being held to serve them with papers. Some prisons have specific rules and regulations in regards to serving an inmate.
After speaking with the prison, you can draft the divorce petition to have your spouse served. Working with an attorney to assist you through the process of creating a divorce petition that accurately represents your best interests.
When you need assistance filing for divorce, the team at Stobie Family Law Group is here to help. Our firm will do everything possible to help make this process as simple as possible while helping to fight for the best possible outcome for your circumstances. When you are ready to obtain a divorce, do not hesitate to contact our dedicated legal team to learn how we can assist you.
