The divorce process works the same whether your spouse is at home or locked up. If your marriage has broken down beyond repair, you can file for divorce in Massachusetts. Please continue reading as we explore what you should know about these matters and how our determined Bristol County Grounds for Divorce Lawyers can assist you.
Can You File for Divorce in Massachusetts if Your Spouse is Incarcerated?
Divorce proceedings may be initiated in Massachusetts regardless of a spouse’s incarceration. Incarceration does not preclude either party from starting the divorce process, contrary to common belief. However, you must satisfy the state’s residency requirements before filing. As long as at least one spouse has lived in the state for one year, you can pursue the dissolution of your marriage. It should be noted that if the reason for the breakdown of the marriage happened in Massachusetts, you might be eligible to file sooner.
Massachusetts, like many states, recognizes both no-fault divorce and fault-based divorce. The state allows imprisonment to be a ground for divorce, alongside adultery, abandonment, cruel and abusive treatment, habitual intoxication, impotency, lack of suitable support, or an irretrievable breakdown. If your spouse is serving a prison sentence of five years or more, incarceration can be cited as a ground for divorce.
How Do You Serve Divorce Papers to Someone Behind Bars?
One of the most important steps in commencing a divorce is ensuring your spouse is properly notified. In Massachusetts, you are required to serve divorce papers on your spouse to ensure they are aware of the divorce case and have an opportunity to respond to the petition.
Serving divorce papers to an incarcerated spouse in Massachusetts requires a different approach than typical service methods. You cannot simply hand the documents to an inmate. Instead, divorce papers must be served in compliance with court rules. This usually involves contacting the sheriff’s office or a process server to arrange service of the divorce complaint at the correctional facility. The prison administration will coordinate this process to ensure the inmate securely receives the divorce papers.
What Happens if My Incarcerated Spouse Fails to Respond to the Divorce Papers?
If your spouse fails to respond to the divorce papers, you can file a request for a default judgment. This allows the court to proceed without your incarcerated spouse’s input and potentially grant the divorce based on your requested terms.
Following the 20-day allotted response period, you can ask the court for a default judgment. The court will assume your spouse does not contest the divorce or the terms you included in the initial complaint. Nevertheless, even with a default, a hearing will usually be scheduled. The court will review your petition and supporting documents to decide on property division, child custody, and support.
If you are seeking a divorce in Massachusetts, please don’t hesitate to contact an attorney at the Law Offices of Cynthia L. Hanley, P.C. Our legal team is prepared to help guide you through every step of this intricate process and onto a brighter future.
