QUESTION

Is it better to get a divorce while my husband is in jail?

Asked on Sep 03rd, 2013 on Divorce - California
More details to this question:
I am wanting a divorce from my husband. He has been in and out of jail and prison for most of our relationship, and there was a lot of domestic violence and I was wondering if it was cheaper to get a divorce from him now that he is in jail. We have been split up for over 2 years now.
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Answered on Sep 11th, 2013 at 4:38 PM
It will only be cheaper if he doesn't contest it.

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Answered on Sep 11th, 2013 at 4:38 PM
It is probably sixes. There are some advantages to seeking a divorce while your spouse is incarcerated, but there are also aspects of incarceration that will slow the divorce process down. All things considered, I see no reason to delay filing for and seeking a divorce until after your spouse is out of prison. Just don't expect his imprisonment to make the case any easier or cheaper (or, by the same token, harder or more expensive) than if he had been a free man.

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Answered on Sep 11th, 2013 at 4:37 PM
It seems like an ideal time.

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Answered on Sep 11th, 2013 at 4:37 PM
It may be easier to obtain service on your husband when he is incarcerated. While your spouse is in jail, they cannot contest custody. The down side of obtaining a divorce while a spouse is incarcerated is the court may impose a lesser sum as child support based on the inability to be employed. It will also be more difficult to enforce any orders for your spouse to pay marital debts. Your primary question should be whether or not you want to remain married to a person who is in jail. Since you have already been separated for two years, if you want to move on with your wife, you should consider initiating divorce proceedings.

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