Divorce When A Spouse Is In Jail

When you are ready for a divorce, you don’t want any issues getting in the way. That said, one roadblock that can get in the way of your pending divorce is when your spouse is presently serving time behind bars. If they are in there for a serious offense, there’s a good chance they are not getting released anytime soon. As a result, do you want to wait until their possible release to get your divorce wheels in motion?

By working with a top Seattle family law attorney, you can get the wheels spinning forward, allowing you to move one step closer to a divorce. They can guide you in how to go about getting a divorce that does not drag on for what seems like a really long period of time.

Don’t Let A Jail Or Prison Sentence Slow Your Divorce

In trying to get your divorce moving forward when your spouse is locked up, remember the following areas of importance to cover with your family law attorney in Seattle.

  • Divorce timing – The last thing you want is for your divorce to linger on for months and months, perhaps even years. With your spouse behind bars, that could very well happen without you being proactive. Work with your attorney to make sure your spouse has their Constitutional rights upheld. Just because they are incarcerated does not mean they lose their rights to divorce hearings etc. Speaking of such hearings, keep in mind that with your spouse in jail, plans need to be set up for them to attend any hearings with the needed security etc. if they so choose and a judge allows. It is also important that they have access to all the proper legal documents regarding your divorce so that things do not bog down.
  • Receiving spousal support and/or child support – If you are hoping to receive spousal support and/or child support, it is also important to note that having a spouse behind bars can hinder such hopes. Being locked up, your spouse is not able to get out into the free world and earn a living. As such, how would they pay you spousal support or even child support? This is yet another reason why working with the right family law attorney can pay dividends. They can guide you in what the laws are pertaining to obtaining money from a spouse who is behind bars. Among the items to look at will be if your spouse has any assets outside of prison, such as a retirement plan, pension from either a job or military service etc.

Let A Seattle Family Law Attorney Be Your Number One Solution

When your divorce plans are hindered by your spouse being in jail, turn to the best available legal counsel to unlock the keys to success.

Questions? Contact V. Freitas Law today by calling 206-536-2875 or sending us a message online.