Divorcing a spouse who is incarcerated in Texas requires navigating a complex legal and emotional process.
At C.E. Borman & Associates, we handle the complex aspects of divorcing an imprisoned spouse in Texas. Our team, led by Channa Borman, is well-versed in the unique challenges these cases present and is dedicated to guiding you through every step of the process. We provide comprehensive support to ensure you have the necessary information and resources to make informed decisions.
Legal Requirements for Filing Divorce in Texas
To file for divorce in Texas, you must:
- Submit the petition to the district court in the county where either party has lived for the last 90 days, provided they have been a resident of Texas for at least six months.
- Notify your spouse by serving them with the divorce petition.
- Attend a hearing.
- Obtain the final divorce decree.
When serving divorce papers to an incarcerated spouse in Texas, you can use a process server to deliver the citation directly to the correctional facility. Alternatively, service can be expedited if the spouse agrees to sign a waiver of service or accepts service by mail through an affidavit waiving formal service.
Consulting with an experienced family law attorney can help ensure all documents are correctly prepared and provide guidance throughout the divorce process.
How Is The Process Different in Divorcing an Incarcerated Spouse?
The divorce process remains largely the same as long as you have an address where your spouse can be served. An uncontested divorce is the most straightforward path, this means both parties agree on the divorce and have resolved all related issues, including:
- Child Custody
- Child Support
- Child Visitation
- Property Division (Community and Separate Properties)
- Debts
- Other Financial Matters
You may choose to hire an attorney to represent you, though it’s likely that your spouse will not have legal representation. Your attorney will then file your Original Petition for Divorce in your home county.
Contested Divorce with an Incarcerated Spouse in Texas
In a contested divorce where one spouse is incarcerated:
- The non-incarcerated spouse must start the process by filing a divorce petition.
- The petition must be served to the incarcerated spouse within the correctional facility by a process server.
- The incarcerated spouse is required to respond by a set deadline, outlining their position on the divorce.
Key steps in the process include:
- Filing the initial divorce petition.
- Serving the divorce papers to the incarcerated spouse.
- Waiting for the incarcerated spouse to file their response.
- If the divorce is contested, both parties may need to exchange information related to the case during the discovery phase.
- Pre-trial motions and hearings to prepare for the trial.
- A trial where a judge decides on issues like property division, child custody, and support.
Throughout the proceedings, the incarcerated spouse has the right to participate, typically via telephone or video conference, based on the facility’s capabilities and court rules. Handling a contested divorce when one spouse is incarcerated requires a solid understanding of family law and the specific challenges of incarceration.
Other Matters To Consider When Divorcing With an Incarcerated Spouse in Texas
When divorcing an incarcerated spouse in Texas, there are several unique considerations to keep in mind. These factors can influence the divorce proceedings and outcomes significantly. Here are some important aspects to consider:
1. Hearings
Inmates can request to attend their divorce hearings in person or potentially participate virtually via platforms like Zoom or Skype, depending on the circumstances. If your incarcerated spouse doesn’t respond within the 20-day deadline and is denied permission to attend, you can seek a default judgment. This can be filed on the 61st day after the original petition with the help of your attorney, who can then file for a Final Decree of Divorce.
2. Child Custody Considerations
In Texas, when determining custody, the court evaluates:
- The child’s best interests and well-being.
- Each parent’s previous involvement in the child’s life.
- The parents’ ability to co-parent effectively.
- The child’s needs and, if they are old enough, their preferences.
Even if one parent is incarcerated, the court might allow visitation rights if it benefits the child, aiming to preserve the parent-child relationship when it supports the child’s well-being.
3. Property Division in a Texas Divorce with Incarceration
In Texas, a community property state, most assets acquired during the marriage are owned jointly and must be divided fairly in a divorce. However, the division becomes more complex when one spouse is incarcerated. Factors the court may consider include:
- The length of the incarceration and its financial impact on the marriage.
- Each spouse’s earning capacity, particularly if affected by the incarceration.
- Each spouse’s contribution to acquiring and maintaining property.
- Any costs the non-incarcerated spouse has incurred due to the other’s criminal proceedings or incarceration.
- The role of any criminal misconduct by the incarcerated spouse in the marriage’s dissolution.
4. Retirement and Pension Plans
Retirement and pension plans need to be divided in a divorce. The court will split these based on contributions made during the marriage, following community property rules.
5. Debt Responsibility
Debts incurred during the marriage are generally shared by both spouses. If the non-incarcerated spouse can show they were unaware of the debts or that they were linked to the other spouse’s criminal actions, the court may assign responsibility for those debts to the incarcerated spouse.
Contact C.E. Borman & Associates Divorce Lawyers Today!
A skilled divorce lawyer in Bryan, Texas, can simplify and ease the stress of divorcing an incarcerated spouse. Engaging and being transparent with a divorce attorney backed with years of experience, like Channa Borman, can assist you with filing for divorce, represent you during mediation, and guide you through property division, child support, and other critical issues.
At C.E. Borman, our Texas family and divorce law practice will ensure your questions are answered, your rights are protected, the divorce process progresses smoothly, and you can keep moving forward after the divorce process. We’ll help you navigate the complexities of the legal system and prison regulations. Contact us today at 979-200-4725!
