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Can you divorce your incarcerated spouse in Wisconsin?

On Behalf of | Aug 2, 2021 | Divorce |

If your spouse has been serving time in jail or prison, it might be hard to make your marriage last. Considering that, you might want to learn if getting a divorce in your situation is possible. Here’s a closer look at how to divorce your incarcerated spouse.

How to divorce someone who’s behind bars

It might surprise you to learn that divorcing someone behind bars is quite similar to getting a divorce from someone who isn’t incarcerated. If you and your incarcerated spouse can agree on all important subjects, an uncontested divorce might be possible. When neither of you can agree on these issues, you’re dealing with a contested divorce.

When it comes to attending divorce hearings, in most cases, your incarcerated spouse can attend the divorce proceedings. If they can’t make it, a guardian might get appointed to attend any hearings in the inmate’s place.

Can an incarcerated spouse file for divorce?

Divorcing an incarcerated person is a two-way street, meaning that someone who is serving time can also file for divorce from their spouse. To do this, they would need to obtain and fill out the divorce paperwork.

With that said, it’s often harder for incarcerated individuals to file for divorce. This is because it’s difficult for most inmates to have money set aside for hiring a lawyer and paying court costs. However, some facilities will have resources to help inmates properly file for divorce.

It’s hard for many people to live life with a spouse behind bars. Getting a divorce could be the solution you’ve been searching for to move on from a relationship that isn’t working anymore.



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