Divorcing an incarcerated spouse is similar to any other divorce, especially if the divorce is uncontested, but things like service of divorce papers can be more difficult if your spouse is in jail.
Because of the layers of bureaucracy involved, use of a process server to deliver your complaint is highly recommended.
How The Process Server Works To Help you Divorce While Your Spouse Is In Jail
For a fee, process servers will deliver your summons and notification to the appropriate person at the jail or prison, and return an affidavit of service to the court.
Additional problems can arise if your spouse chooses to contest the action. Prisoners have a lot of time on their hands, and many have access to a law library.
It’s unlikely that an incarcerated spouse will get much of what they argue for, but it’s important that you protect yourself if your spouse wants to fight the divorce.
Our Attorneys Can Help You Navigate The Complexities Of Divorce When Your Spouse Is In Jail In Queens.
If you want to divorce but your spouse is in jail, call Zelenitz, Shapiro & D’Agostino today at 718-523-1111 and speak to an experienced Queens divorce lawyer for free.