After you have done every possible effort to try to summon your spouse with the divorce papers and after this person have receive the papers on his hands and you have a receipt that proves that he was serve on jail or prison, he or she has 21 days to respond to your divorce petition. After this time has passes then you can request a court day on which you can ask the judge to please give you a divorce by default. But remember you have to make sure he was serve.
The same way any divorce is obtained. People who are in jail (or being detained) can be served documents pertaining to divorce, lawsuits and so forth. If the marriage is legal the divorce petition can be filed in the state where the couple has established residency. Make sure you file the divorce while she is still in jail, right. I'm assuming it's easier than waiting until she's in another
Unfortunately, divorce is never easy. Still, you can divorce your husband if he is in jail for domestic violence. Papers are sent to the jail just like if he had a physical address. He has a right to contest but just because he is not able to be in court the day of the divorce does not mean it will not be granted. My divorce was finalized 21 days before he got out of jail and he was not permitted to come to the hearing. I don't know who makes that decision. My lawyer did the paper work so I'm not really sure how it was all handled.You DO NOT need his permission to Divorce him.Just go file for a divorce and talk to an Attorney tell them everything.He does NOT have to be present in court or sign anything you can file and get it done.
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