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It is possible to divorce your spouse if he or she is in prison. But Daytona Beach attorneys can tell you that in Florida it won’t be a slam dunk. Unlike many other states, Florida requires that both parties in a divorce be present at the hearing to dissolve the marriage. If children are involved, it becomes even more difficult. A spouse does not lose parental rights just because they are in prison. To qualify to file for divorce in Florida, you or your spouse must have lived there for six continuous months. If you spouse is incarcerated in Florida, but you no longer live there, you can still file for divorce in the state. You’ll have to prove the marriage is “irretrievably broken” or your spouse must be deemed mentally incapacitated. A spouse’s prison status has no bearing on mental incapacitation. If you’re lucky, you’ll be able to file a simplified dissolution of marriage. For that, you and your spouse must agree on how to divide your assets and liabilities. Daytona Beach attorneys can easily draw up a simple dissolution if you and your spouse give up your right of appeal and you have no minor children together. Even in a simplified dissolution, both spouses must be present at the hearing; however the incarcerated spouse can participate by phone, in writing or through a lawyer if the court agrees. At least one part of filing for divorce in Florida is easy; you can file in any county. So if you want to file in the county in which your spouse is incarcerated, you can or you can just file in your own county regardless of where your spouse is located. With a regular petition for divorce, after you file, your spouse will be served notice and given the opportunity to respond. Then you must negotiate financial arrangements and attempt an agreeable arrangement for child custody. A judge could actually require you and your spouse to attend mediation and classes on parenting. Then in the hearing, the court will look at the paperwork and ask if you want to go through with the petition. If the spouse contests the divorce, the court may delay the case for three months in case you and your spouse decide to reconcile. Fortunately Daytona Beach attorneys can be there to represent you throughout the process. This is the procedure no matter how heinous a crime your spouse may have committed. While the court has leeway not to give too much credence to someone serving a life sentence for multiple murders, generally there is no provision in state law that a heinous crime automatically creates an “irretrievably broken” marriage. In matters of divorce and all family law, the Daytona Beach attorneys of Mara & Mara Attorneys at Law can consult with you about your rights and how you can proceed.
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