Divorcing an incarcerated spouse can add layers of complexity to an already challenging process. If you live in Maryland and are seeking a divorce under these circumstances, Jacobson Family Law can help. This guide on How to Divorce Your Incarcerated Spouse in Maryland outlines the steps to help you navigate this process efficiently and with clarity.
Step 1: Understand Maryland Divorce Grounds
Under the new law passed in 2023, the two options for grounds for divorce are be mutual consent, and irreconcilable differences. Divorcing couples who do not have children together or who have adult children qualify for mutual consent divorce as well as divorcing couples who have a signed agreement that resolves all issues within the divorce.
If your spouse is incarcerated, you may still be able to get a divorce quickly under the grounds of mutal consent if both parties sign a separation agreement.
Step 2: File the Divorce Complaint
To initiate the divorce, you’ll need to file a Complaint for Absolute Divorce in the circuit court of the county where you or your spouse resides. You’ll also need to include details about your spouse’s incarceration, such as:
• Their full name.
• The name and location of the correctional facility.
• Their inmate identification number.
Step 3: Serve Divorce Papers
Serving papers to an incarcerated spouse can be tricky but is essential for the divorce process. In Maryland, you must ensure your spouse is properly notified of the divorce. Here’s how:
• Contact the correctional facility to understand their process for serving legal documents.
• Use a sheriff or a private process server to deliver the papers directly to your spouse.
Step 4: Address Custody, Support, and Property Division
If children or joint assets are involved, you’ll need to resolve custody, child support, and property division:
- Child custody: Courts prioritize the child’s best interests, considering factors such as the incarcerated parent’s ability to maintain a relationship.
- Child support: An incarcerated spouse’s ability to pay may be limited, but support obligations typically remain.
- Property division: Maryland follows equitable distribution laws, meaning assets and debts are divided fairly but not necessarily equally.
Step 5: Attend Court Hearings
In most cases, you’ll need to attend at least one court hearing but the Court hearing may be virtual in some circumstances. If your spouse is unable to attend due to incarceration, they may participate via telephone or video conferencing, depending on the court’s policies.
Step 6: Finalize the Divorce
Once all issues are resolved, the court will issue a final divorce decree. Keep a copy for your records, as you may need it for future reference.
Additional Considerations
- Legal Representation: Divorcing an incarcerated spouse can involve unique challenges. Contact Jacobson Family Law to speak with an attorney familiar with Maryland laws who can help protect your rights and guide you through the process.
- Emotional Support: Divorce is emotionally taxing. Consider seeking support from counselors or support groups to help you through this time.
By understanding the legal requirements and following the appropriate steps, you can navigate this challenging situation with confidence. If you’re considering divorcing your incarcerated spouse in Maryland, Contact Jacobson Family Law to schedule your consultation with one of our attorneys today— call 443-741-1147 or schedule an online consultation.
