How to File for Divorce While Incarcerated
- 1). Fill out and file all necessary paperwork with the clerk of courts. If you are unable to do this yourself, have your lawyer do it. Depending on your facility, social workers may be available to help you as well. These papers can be obtained at no cost to you at the county clerk's office or from the library in the prison. The prisoner legal service may also provide you with a divorce package that contains the correct forms and procedures. Remember to avoid signing the papers until you give them to a clerk of courts since they will need to be notarized.
- 2). File a waiver to forgo the court filing fees. These papers can also be obtained from the clerk of courts and will enable you to file for divorce without paying the associated fees.
- 3). Hire a process server. You need someone to serve your spouse the divorce papers while you are incarcerated. If you cannot afford to hire an official, send the papers to a friend or family member who can hire one for you.
- 4). Attend the divorce proceedings, if possible. Tell the correction officers in your facility of your plans so they can make any necessary arrangements. If you cannot attend, you can grant power of attorney to a friend or family member to represent you. If your spouse disagrees with any statements or terms in the divorce, it is considered contested and both parties are required to appear. If your spouse agrees with everything and signs the papers, the divorce is considered uncontested.
Source...