Can you get a divorce if your spouse is in jail?

Answer by  patti (29325)

States that require grounds for divorce include incarceration as one of the options. Others allow that a felony conviction is grounds. Google your state and "divorce grounds. "

Answer by  tamarawilhite (17883)

You can argue abandonment, since he chose a crime and jail over living with you. You can argue cruelty if he was emotionally or physically abusive.

Answer by  martine (860)

Yes even if your ex is in Jail you can still be granted a divorce. It may take longer, i would consult a lawyer. There are a lot of free consulting firms in every state available for those who cannot afford a lawyer.

Answer by  Cecilia (2828)

I would think that committing a crime that sent your spouse to jail would qualify as 'grounds'. Contact several local divorce lawyers and ask them these questions. The first half hour appointment is usually free. Then you can decide if that lawyer is someone you cam work with and trust.

Answer by  jeffc (70)

both have to be in court for a divorce however.....you can apply for an uncontest divorce and none have to be in court you have to file for that at the county clerks office so yes you can

Answer by  Brian94588 (304)

A lawyer can tell you for sure, but in many states, being convicted of a felony is grounds for divorce.