Divorce is challenging, and it can feel even more complicated when one spouse is in jail. At Reade Law Firm, we’re here to clarify the process and address common questions about divorcing an incarcerated spouse in Massachusetts.
Grounds for Divorce in Massachusetts
In Massachusetts, you can file for either a “fault-based” or “no-fault” divorce. Let’s break down how incarceration fits into both options:
Fault-Based Divorce
Fault-based divorces mean you’re pointing to specific reasons why the marriage broke down, and incarceration can play a role here. For example, if your spouse has been convicted of a felony and is sentenced to five years or more, that’s grounds for divorce in Massachusetts. Other fault-based reasons—like abandonment or cruelty—might also overlap with their incarceration.
No-Fault Divorce
No-fault divorces don’t require blaming one spouse for the end of the marriage. Instead, they’re based on an “irretrievable breakdown” of the relationship. Even though incarceration isn’t technically a fault in this case, it often highlights how the marriage isn’t working anymore. The physical separation, limited communication, and inability to maintain a partnership are clear signs of this breakdown.
Does Incarceration Automatically Lead to Divorce?
No. Just because someone is in jail doesn’t mean their spouse is automatically granted a divorce. The court still needs to review the case, follow the legal process, and address matters like property division, child custody, and support (if applicable).
Legal Process and Procedural Challenges
The divorce process for someone with an incarcerated spouse follows the same basic steps as other divorces. However, a few extra hurdles can make it feel more complicated.
Serving Divorce Papers
One of the first steps in any divorce is serving the papers to your spouse. When they’re in jail, this can be tricky:
- Locating Them: You’ll need to confirm exactly where they’re incarcerated. If they’ve been transferred between facilities, this could slow things down.
- Contacting the Prison: Each prison has its own process for serving legal documents to inmates. Typically, the papers are sent to the prison officials who handle this.
- Following the Rules: Massachusetts has specific laws about serving divorce papers, so it’s important to stick to them to avoid delays or complications.
Participation in Proceedings
Another issue is whether your incarcerated spouse can participate in divorce proceedings. While their ability to attend hearings or provide input may depend on the facility, here are some common options:
- Virtual or Phone Access: Some facilities allow inmates to join court hearings through video conferencing or phone calls.
- Written Testimony: If live participation isn’t possible, they might submit documents to represent their stance.
- Rights to Contest: Even while incarcerated, your spouse can still challenge divorce terms like property division or custody.
Child Custody and Support
If children are involved, incarceration adds more layers to child custody and support discussions.
Custody and Visitation
Courts in Massachusetts prioritize the child’s best interests. Incarceration typically limits a parent’s ability to maintain a close relationship with their child, but it doesn’t strip away their rights entirely. The court may consider:
- The nature of the crime
- The length of the sentence
- Whether visitation (even virtual) is possible or beneficial for the child
Child Support Obligations
When one parent is in jail, their ability to provide financial child support may be reduced. Courts may adjust child support orders based on their income—or lack of it—during incarceration. However, this doesn’t mean support is automatically eliminated.
Property Division
In Massachusetts, marital assets are divided equitably, which doesn’t always mean “equally.” If your spouse is incarcerated, it can affect how property is divided:
- Financial Contributions: If they were the primary breadwinner before going to jail, their current inability to contribute financially could shift the division of assets.
- Crime’s Impact: Crimes involving financial wrongdoing (e.g., fraud) might influence how assets or debts are allocated.
The court will look at factors like the crime committed, the sentence length, and your financial situation to decide what’s fair.
Facing Divorce While Incarcerated or With an Incarcerated Spouse? Reade Law Firm Can Help
Divorcing someone in jail isn’t easy, but you don’t have to go through it alone. At Reade Law Firm, we understand how emotionally and legally challenging this process can be. We’re here to provide guidance, answer your questions, and help you find the best way forward.
Whether you’re concerned about serving papers, custody issues, or dividing property, we’ll work with you to protect your rights and interests. Call us today at (978) 767-8383 or complete our online contact form to schedule a confidential consultation. Let us help you take the next step with confidence.