Divorcing an Incarcerated Spouse in Maryland: What You Need to Know
Ending a marriage is rarely simple, but when one spouse is incarcerated, the process can feel even more complicated. Whether your partner is serving a short-term sentence or facing long-term imprisonment, Maryland law provides options for moving forward. Understanding your rights and the steps involved can help you make informed decisions and avoid unnecessary delays.
Can You File for Divorce if Your Spouse Is in Jail or Prison?
Yes. In Maryland, you can file for divorce even if your spouse is incarcerated. The court recognizes imprisonment as a valid reason to end a marriage, and the process follows many of the same procedures as any other divorce — with some important differences in how your spouse is served and how the case proceeds.
Grounds for Divorce When a Spouse Is Incarcerated
In Maryland, you can file for either a no-fault divorce or a fault-based divorce.
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No-Fault Divorce: You and your spouse have lived apart for at least six months, or both agree to the divorce.
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Fault-Based Divorce: One spouse’s misconduct led to the breakdown of the marriage.
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Incarceration can be considered fault-based if your spouse has been convicted of a crime and sentenced to more than three years in prison, and has already served at least 12 months of that sentence.
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If these conditions are met, you may cite imprisonment as the grounds for your divorce.
Serving Divorce Papers to an Incarcerated Spouse
One of the biggest challenges in divorcing an incarcerated spouse is service of process — formally notifying your spouse of the divorce.
In Maryland, service must be done properly and documented, even if your spouse is in prison. Here’s how it usually works:
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The divorce papers are sent to the warden or legal department of the correctional facility where your spouse is incarcerated.
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The warden ensures your spouse receives the documents and signs an Affidavit of Service confirming receipt.
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Once service is complete, the court can proceed with the case, even if your spouse does not respond.
If your spouse refuses to sign or participate, the court may still move forward after proper notice has been provided.
Property Division, Child Custody, and Support
Even if one spouse is incarcerated, the court still addresses issues like:
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Division of marital property and debts
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Child custody and visitation (based on the child’s best interests)
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Child support or spousal support
An incarcerated spouse’s income may be limited, but the court will still consider their financial situation and ability to pay. Custody and visitation decisions will also reflect what’s safest and most practical for the children.
Do You Need to Attend Court?
In most cases, the spouse filing for divorce will need to appear in court at least once. The incarcerated spouse may be able to participate via video conference or written affidavit, depending on the facility and the court’s procedures.
Having an experienced Maryland family law attorney can ensure all documents are filed correctly and that the process moves forward as smoothly as possible.
How Long Does the Process Take?
The length of time depends on factors such as:
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Whether your spouse contests the divorce
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The complexity of your financial situation
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Court scheduling
Uncontested divorces can often be finalized within a few months, while contested cases may take longer. Working with a mediator or cooperative attorney can help reduce conflict and speed up resolution.
Get Help Navigating Divorce from an Incarcerated Spouse
A divorce involving incarceration can be emotionally and legally complex. At Jacobson Family Law, we help clients navigate the divorce process with compassion and clarity — no matter the circumstances.
Our goal is to help you move forward drama-free, with a clear understanding of your rights and a plan for your future.
📞 Contact Jacobson Family Law today to schedule a consultation and learn more about your options for divorce from an incarcerated spouse in Maryland.
