Can I Divorce My Husband if He is in Jail in Massachusetts?

Criminals face consequences that go beyond legal penalties. Their criminal behavior can alsoimpact their family life, and they may face the possibility of severed relationships with loved ones. If your spouse has been incarcerated in Massachusetts, you may be wondering what to do next. If you feel as though you need to move on with your life, you may be considering a divorce. This course of action often makes sense, especially if your spouse is facing a lengthy prison sentence.

How does divorce work when your spouse is incarcerated? What are some of the challenges that you might face in this situation? Is your husband’s incarceration grounds for divorce? These are all important questions that you might be asking yourself. To establish a clear picture of what you need to do next, it is best to consult with a legal expert. With a qualified, experienced divorce attorney by your side, you can navigate through the divorce process and move on with your life.

Is My Husband’s Incarceration Grounds for Divorce?

When divorcing someone, you typically need to tell the court why you want to separate. There are many viable reasons that the courts will accept, and this includes the incarceration of one spouse.

According to Massachusetts law, a divorce may be adjudged if either party has been given a prison sentence. However, the law states that for a divorce to be granted on these grounds, the sentence needs to be at least five years.

How Does My Husband’s Incarceration Affect the Divorce Proceedings?

A common misconception is that a divorce is easier to obtain when your husband is in prison. Many assume that because a spouse is incarcerated, it means that they do not have a say in what happens in the outside world. This is not true, and your spouse will still be informed of the impending divorce.

After the inmate is served with the divorce papers, they have the right to hire an attorney. They also have the right to contest the divorce, which will complicate matters for you. In addition, your spouse can potentially appear at divorce hearings, even though they are incarcerated. In certain circumstances, they may be granted leave in order to attend the hearings. In other cases, they may appear through a video conferencing system. Even if none of these options work out,
your spouse’s attorney can still represent them at your hearing.

What if My Husband Has Been Sentenced to Less than Five Years in Prison?

If your husband is serving a sentence of less than five years behind bars, then you cannot use his incarceration as grounds for divorce. However, you can still file a no-fault divorce. You do not need any real reason to file a no-fault divorce; you can simply inform the court that the relationship has fallen apart. If you are wondering about whether to pursue a fault-based or a no- fault divorce, it is best to consult with a legal expert.

Getting Legal Help

No matter what the circumstances might be, you can work with legal professionals who can help you divorce your spouse in an efficient, expedited manner. Reach out to the Law Offices of Johnson, Sclafani & Moriarty today, and we will help you move on with your life.