Is it cheaper to get a divorce if the spouse is in prison?

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Is it cheaper to get a divorce if the spouse is in prison?

Asked on September 10, 2010 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well, I do not know if being an inmate makes it cheaper to get a divorce but in some states it gives you grounds for divorce ("incarceration for x years").  I would also assume that it makes it easier to serve your soon to be ex spouse with paperwork and that they can not avoid service.  But you are still required to file all the same documentation and forms in order to obtain a divorce regardless of your spouse being incarcerated.  But incarceration should not effect your property distribution rights.  It will effect custody and visitation rights for obvious reasons and quite possibly for other reasons depending on the nature of the incarceration (why the party is in prison in the first place). Good luck. 


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