Wife asks if divorce from husban who is in prison is possible.

Aug 8, 2012 by


Can I get a divorce from my husband who is in prison? He won’t sign the papers.



Since you reside in Kentucky, a no-fault divorce state, all that is required as grounds for seeking a divorce is “Irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family”. The fact that your husband is incarcerated (for one year or more) will satisfy the requirement alone and no further “fault” need be presented to the court in order to obtain a divorce. 

You can file for divorce in the county your spouse is imprisoned in, or in the county that you both lived in when you separated, or in your own county if your spouse is in prison in another state. If your incarcerated spouse will not sign for the divorce papers at all, you can obtain proof of service by having the prison officials serve him for a fee of $25.

– The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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