How To Navigate Divorce When a Spouse Is Incarcerated

Tips For Divorce

Aug 5, 2025 | Content

Filing for divorce often presents challenges, especially when your spouse is in prison. If you need to understand the relevant legal procedures or develop effective communication strategies, a qualified attorney at the Atlanta Divorce Law Group can guide you through the process successfully.

Our team handles these complexities directly and works with prison administration to serve incarcerated individuals and address related matters. This article explores how to navigate divorce when a spouse is incarcerated and highlights how our experienced family lawyers manage these cases with clarity and precision.

Can You Get Divorced if Your Spouse Is Incarcerated?

You can get divorced even if the state has incarcerated your spouse in a different jurisdiction. However, the process may involve added complexity, so you should understand your legal options and anticipate potential issues.

If your partner committed a serious crime and received a lengthy prison sentence, pursuing a fresh start is reasonable. Be aware that matters such as property division and child custody may require more detailed negotiation than in a traditional divorce. Our attorneys offer insight on navigating divorce with an incarcerated spouse, helping you manage the legal and procedural challenges unique to these cases.

Do You Need a Reason To Divorce an Incarcerated Spouse?

Because Georgia is a no-fault state, you do not need to prove that your spouse did something wrong to file for divorce. Even if you have a valid reason for wanting to leave your partner, especially if they are a violent offender, the state’s family court does not require proof of fault. As the petitioner, you must affirm that the marriage is irrevocably broken, without referencing the criminal sentence or offense as a determining factor. This approach offers clarity for individuals seeking guidance on ways to separate during a spouse’s incarceration, without needing to engage in adversarial legal claims.

Following Prison Procedures in a Divorce

One of the most important factors in separating from an incarcerated spouse in Georgia is following prison procedures. These often confusing rules and regulations serve to protect both parties throughout the divorce process. Our attorneys understand the specific laws governing process service in correctional facilities.

After preparing your Complaint for Divorce, we work directly with prison officials to serve your spouse. Your partner then has 30 days to submit a written response. If they do not respond, your attorney can request that a family court judge issue a default judgment.

Consult a Divorce Attorney To Understand How to Proceed in Divorcing Your Incarcerated Spouse

If you are wondering how to navigate divorce when a spouse is incarcerated, we recommend you reach out to our team for a free consultation. Atlanta Divorce Law Group ranks among the leading family law firms and will prioritize the needs of you and your children.

Our experienced legal advisors do not recommend trying to manage this complicated process alone. If your incarcerated spouse contests the divorce, our attorneys attend every family court hearing to support your case and guide it to resolution. Contact our dedicated team today and schedule a free consultation to discuss your case.

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How To Navigate Divorce When a Spouse Is Incarcerated

Can You Get Divorced if Your Spouse Is Incarcerated?

Do You Need a Reason To Divorce an Incarcerated Spouse?

Following Prison Procedures in a Divorce

Consult a Divorce Attorney To Understand How to Proceed in Divorcing Your Incarcerated Spouse

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