Every so often we get asked the question: “My spouse is in jail – can I get an annulment or a divorce while they’re in there?” The laws in Tennessee and Mississippi are very clear on that matter – in Tennessee, the statutes state, as grounds for divorce,
(Tennessee Code – Volume 6A, Title 36, Sections 36-4-101 and 36-4-103)
(Mississippi Code – Sections 93-5-1 and 93-5-2)
Generally we advise against attempting to obtain an annulment on the grounds of a spouse’s imprisonment, as an annulment is much more difficult to get. It is a much simpler process to obtain a “no fault” divorce (based on the grounds of “irreconcilable differences”) than it is to get an annulment.
When pursuing a no fault divorce, all you have to do is have your attorney complete an marital dissolution agreement, sign it and have your spouse sign it. You are not required to see your spouse – we can get the paperwork sent to them in their facility, and include envelopes for its return. This option is best when you and your spouse agree on a divorce, child custody arrangements, and property division. We recommend you seek a divorce lawyer that offers a flat fee service for this process.
The thing to remember from all of this is that it is possible to get a divorce from a spouse in prison. If they have been convicted of a felony and there is some disagreement involved in the divorce, you are able to seek a divorce based on the fact alone that they are in prison for a felony. (Remember: they must still be in prison at the time of filing for divorce!) As your attorney we are able to get paperwork to and from them, and even to keep your address out of all filed documents to keep you as safe as possible.
Call us today at 901-754-1340 if you have any questions on this or other divorce topics.
My husband is in prison and has left me with paying many debts associated
with his business. I have met each of his debt obligations, and, have
had to go back to school for retraining as I worked in his business since
its founding. I have endured much pain and suffering through this ordeal
and have spent a lot of savings, etc. I feel entitled to all of our assets
and home because of the suffering I have had to endure. He will acquire a
an inheritance, trust fund and property, so, he will be taken care of upon
his return. Due to the nature of this crime, I feel that my differences
are irreconcilable. I have invested all of my married life in his business
and I do not want to end up with nothing in return. Most of my employment
was uncompensated as I worked as a love of labor to him and his profession.
It is no doubt impossible for you to make any judgements, but, is it
possible for one spouse to get 100% of assets in special situations?
Amy,
It’s possible that you MAY be able to recover more than the normal 50% in your situation. However, the scope of your question is more than I can go into in this response.
Is it free to get a divorce if my husband is in prison for 12yrs? How do i go about getting a divorce with him being in prison?
Christina,
There seems to be a common myth out there that you are entitled to a free divorce if your spouse is in jail. I once even had someone come to my office and tell my that it was “the law” that I had to accept her divorce case for $1 because her husband was in jail. But this is a myth, and is completely untrue. No matter if your spouse is in jail or free as a bird you don’t get a free divorce.
Thanks for your comments and for checking out my Memphis divorce lawyer website.