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.