My husband has been locked up for 5 years. I never want to see him again!
Incarceration can profoundly disrupt family dynamics and place immense strain on a marriage. When one spouse is sentenced to prison, the challenges that arise can lead the other spouse to consider divorce. This article explores how incarceration can be used as grounds for divorce in Maryland (MD), Virginia (VA), Pennsylvania (PA), and the District of Columbia (DC), providing a comprehensive overview of the legal considerations.
What Is Incarceration?
Incarceration, also known as imprisonment, is the act of confining a person to jail or prison as a consequence of being convicted of a crime. This punishment is generally reserved for individuals found guilty of committing felonies or misdemeanors.
How Incarceration Impacts Marriage
The absence of a spouse due to incarceration creates significant difficulties within a marriage. The incarcerated parent misses crucial milestones in their children’s lives, and explaining the situation to younger children can be emotionally challenging.
“The reality of incarceration is that it creates a void, not just in the life of the incarcerated individual, but also in the lives of their loved ones.” – James E. Crawford Jr., JC Law
Furthermore, if the incarceration stems from an act of violence against the spouse, child, or others, it can irreparably damage the marital bond. The non-incarcerated spouse may reasonably fear for their safety and the safety of their children should the offender be released. The severity of the crime alone may be grounds for seeking a divorce.
Reintegrating into society after serving time can also be difficult for the formerly incarcerated individual. They may face stigma from family, friends, and peers, hindering their attempts to rebuild trust, credibility, and secure employment.
Can Incarceration Be Used as Grounds for Divorce?
Yes, in MD, VA, PA, and DC, incarceration can be a valid ground for divorce; However, specific requirements exist that must be met.
| Jurisdiction | Incarceration Requirement |
|---|---|
| Maryland (MD) | Served at least 12 months of a 3-year or longer sentence. |
| Virginia (VA) | Conviction of a felony and confinement for more than one year. |
| Pennsylvania (PA) | Adultery or conviction and sentence to imprisonment for two or more years. |
| Washington DC (DC) | Voluntary separation for one year or involuntary separation for one year because of defendant’s action. |
The incarcerated spouse must have been convicted of a felony or misdemeanor. These crimes carry varying penalties, including fines and jail time, which can be increased depending on the severity and related offenses.
Verifying Incarceration
Confirming incarceration is generally straightforward. The sentencing and prison records can be presented to the court when filing the divorce petition. In many jurisdictions, criminal records are considered public information, accessible online.
To proceed with the divorce, you must obtain the incarcerated spouse’s inmate number. A private process server, sometimes accompanied by a sheriff, will serve them with the divorce paperwork within the prison. The process server will then complete an Affidavit of Service of Process, which is filed with the court in your county or district.
Responding to Incarceration as Grounds for Divorce
If your spouse has filed for divorce based on your incarceration, you have the option to:
- Accept the Summons: Agree to the divorce and potentially negotiate a marital settlement agreement.
- Refute the Claim: Challenge the grounds for divorce or file a counterclaim. This will likely prolong the legal process.
- Ignore the Complaint: Doing so may result in a default judgment in favor of the plaintiff (your spouse).
Even while incarcerated, you can participate in creating a marital settlement agreement. This agreement addresses crucial issues like child visitation, child support, alimony, and asset division. The best interests of your children should be paramount in these discussions. The judge presiding over the divorce will review the agreement, considering your prison sentence and its impact on visitation and financial responsibilities.
If you and your spouse cannot reach an agreement, the judge will make decisions on your behalf. The judge will consider factors such as your current situation, your spouse’s employment status, the age and health of both spouses, and the children’s ages. Visitation schedules are often flexible and may need to accommodate unforeseen circumstances like inclement weather or medical emergencies.
Absolute vs. Limited Divorce
Incarceration is typically used as grounds for an absolute divorce, which permanently dissolves the marriage. While it could be cited in a limited divorce (legal separation), this is less common, particularly if the prison sentence is lengthy. Limited divorces provide a temporary framework for addressing living arrangements, child custody, alimony, visitation, and property division. However, an absolute divorce is final, preventing either party from changing their mind (though remarriage is always an option).
The Impact on Children
Divorce can be emotionally devastating for children, who may mistakenly believe they are to blame. It’s crucial for parents to reassure their children that they are loved unconditionally and that the divorce is not their fault.
Seeking Legal Assistance
If you are considering filing for divorce due to your spouse’s incarceration, or if you have been served with divorce papers, seeking legal advice is essential. JC Law, with offices serving Maryland, Virginia, Pennsylvania, and Washington, D.C., offers experienced attorneys who can provide guidance and representation throughout the divorce process.
Why Choose JC Law?
- Experienced Professionals: Our attorneys possess in-depth knowledge of divorce law in MD, VA, PA, and DC.
- Personalized Approach: We listen to your concerns and develop strategies tailored to your specific situation.
- Dedicated Advocacy: We advocate for your rights and work towards the best possible outcome.
We understand that divorce is a challenging experience. Our team is committed to helping you navigate the legal process and rebuild your life. Contact us today to schedule a confidential consultation.
