My ex is in jail, how do I get divorced and custody of the children?

Surprisingly, an ex in jail is one of the easiest obstacles to overcome when getting a divorce or custody because they will have a difficult time challenging your lawsuit. Unlike criminal court, your ex does not have a right to appear in court so you will likely get whatever you request from the court.

Divorce

A divorce can help you sell the home, cars, or move on with a new relationship. 

1. The Rules of Civil Procedure require that you serve your ex with the divorce papers so, serve them at their new jail address. He/she does not have to respond. See: Blog Post.
2. You will be given a court date where you must testify that you've been separated for one year and one day before you are awarded a final divorce decree
3. You can then let your ex know that he/she is now divorce

FYI: you can lose your rights to spousal support, alimony, and rights to the marital property if you do not timely file a request for these benefits. Contact a local attorney for more information.

Custody

A custody order in your favor can help you enroll the children in school, move to a new country, and make decisions without consulting their incarcerated parent. 

1. You can request custody at the same time that you request a divorce so serve your ex with this lawsuit at their new jail address as well
2. At the court date, inform the court that you have been the sole caregiver of the children and the length of time that your ex has been, and will be, in jail
3. Your ex has a Constitutional right to care for his/her children, however, if the court finds that they have abandoned their children by going to jail long-term, you will likely get sole custody

FYI: there is a difference between sole custody, adoption, and terminating a parent's parental rights. Contact a local attorney for more information.

For more information contact me at (919)321-6569, nastasia@kisalawatkins, www.kisalawatkins.com