Marriages are challenging, as any divorce attorney will tell his or her clients.

Some will fail, especially if spouses are faced with the issue of one of them being imprisoned as an incarceration that lasts for years can put undue strain on a marriage and family.

In fact, research reveals that with every year that passes, spouses are more likely to get divorced when one is incarcerated for a variety of reasons.

With this face in mind, the state of Texas does permit spouses to work with a divorce lawyer and terminate their marriage to an incarcerated spouse.

Can A Spouse Divorce Their Imprisoned Spouse in Texas?

Yes, the state of Texas does permit spouses to seek a divorce if one spouse is incarcerated.

Actually, either spouse retains the right to request the services of a divorce attorney and start the process of ending the marriage.

The state recognizes that remaining married to someone who is incarcerated for a long period can result in financial problems, emotional distress, and other issues.

Therefore, either spouse is permitted to end the marriage, just like any other couple.

How Is An Incarcerated Spouse Divorced in Texas?

The process of divorcing an incarcerated spouse is nearly the same as it is for any other divorce.

Questions of jurisdiction and residency must first be resolved to ensure that one of the spouses has been a Texas resident for the required amount of time and that the filing is done in the right county.

A divorce lawyer can help spouses determine all of that and then file the petition paperwork.

Once the incarcerated spouse receives the petition for divorce, they must file a response to the request, after which the proceedings can continue.

If an inmate fails to respond to their spouse’s petition for divorce, the spouse may receive a default judgment and be able to continue with the process on their own.

Contested Versus Uncontested Prison Divorces

As with any other divorce, one that involves an incarcerated spouse can be uncontested and filed as no-fault or a fault-based divorce that is filed on grounds.

Uncontested and no-fault divorces can usually be resolved fairly quickly by divorce lawyers with the imprisoned spouse’s cooperation as the incarcerated spouse can waive the serving of papers and decline being present during the divorce proceedings.

Grounds for fault-based prison-related divorces can be filed by spouses and their divorce attorneys if the imprisoned spouse has been convicted of a felony and is serving time for that felony.

Time spent apart is also considered grounds for fault-based divorce if it has exceeded three years.

When one spouse contests, negotiations usually require the involvement of the family court.

Although incarcerated spouses are permitted to attend their hearings along with their attorneys, it requires special arrangements with the court and the prison plus costs extra money to pay for a guard to accompany the prisoner, the cost of travel arrangements, etc.

This is also the case if the divorce involves children and issues like child custody to be worked out in addition to the usual concerns of asset distribution.

Talk To An Experienced Divorce Attorney For Help

When incarceration affects a marriage, the state of Texas does permit spouses to get divorced while one is in prison.

Although the process is almost the same as any standard divorce, spouses should seek the counsel of an experienced divorce attorney who can facilitate the process for them.

Whether seeking a no-fault divorce, at-fault with grounds, the divorce is contested, or if there are children involved, divorce lawyers can guide clients through the process and help them achieve the most favorable resolution.