Some people wish to file for divorce when their spouse is incarcerated. First make sure that the divorce petition is correct. An incorrect petition will likely get rejected by the court. When this happens, the petition will need to be amended and re-served.When the petition is filed correctly, it is time to consider service. For this, you will need to determine which facility is housing your spouse. A Google search should help you locate the facility. Once the facility is located, it’s best to call and ask how they will accept service.
In most cases the facility has a procedure for service already in place. This usually involves mailing the service packet to the appropriate. A designated person will typically serve the inmate. This designated person will then mail back the ‘proof of service’ that is filed with the court. For this purpose, it is best to include a stamped return envelope.
You may have problems reaching the facility and/or finding out how to serve. A solution would be to speak with a sheriff or process server in the area for help.
Remember, your divorce begins the date your spouse is served, not when you file. The ‘proof of service’ is very important and the original must be filed with the court. Once served, your spouse has 30 days to ‘respond’. When your spouse does not ‘respond,’ a default can be entered.
When you wish to file for divorce in California, give us a call @ 1-800-HELP-444. Our expert divorce lawyers make sure that the divorce documents are prepared correctly and that the service is accomplished quickly and professionally even when the spouse is incarcerated. You’ll also like our affordable rates!
