How to Divorce Someone in Prison: A Step-by-Step Guide

Going through a divorce is never easy, but becomes further complicated when one spouse is incarcerated. With strict prison regulations, the challenge of collecting necessary documents remotely, and the extra costs of phone calls and visits, the process can feel like a maze. 

However, knowing how to address these hurdles can help you manage this difficult situation.

As a divorce mediator and coach with 25 years of experience, I’ve guided countless clients through incarcerated spouse divorce cases. This walkthrough lays out every step, from filing the petition to managing long-distance communication and handling complex finances, to help you see through Florida’s inmate divorce process.

Understanding the Legal Process of Divorcing an Incarcerated Spouse

Florida law applies the same basic rules whether your spouse is free or behind bars, but serving divorce papers to an inmate and meeting deadlines inside the prison system requires following some unique steps.

Filing for Divorce: Necessary Paperwork and Procedures

1. Complete the Petition for Dissolution of Marriage
   • Obtain Form 12.901(a) from your county clerk or the Florida Court’s website.
   • Include names, dates, and grounds: state the marriage as “irretrievably broken.”
2. Serve the Incarcerated Spouse
   • Engage the county sheriff or a licensed process server familiar with prison rules.
   • Provide the inmate’s full name, booking number, and facility address to satisfy incarceration and divorce laws.
3. File in Circuit Court
   • Submit the petition, service affidavit, and the filing fee (approx. $409).
   • Obtain court-stamped copies for record-keeping and next services.

Accurate service and timely filing kick off the divorce process for incarcerated spouses and trigger all subsequent legal timelines.

Florida is a No-Fault Divorce State

You don’t need to prove misconduct – adultery, abuse, or abandonment – to end your marriage. Simply declare that the relationship is beyond repair, which simplifies contested grounds and keeps focus on procedural compliance rather than personal fault.

Florida Has a Six-Month Residency Requirement

One spouse must have lived in Florida at least six months prior to filing for divorce. You need to attach a sworn residency affidavit to establish jurisdiction in your county’s circuit court.

Florida Requires a Financial Affidavit from Both Parties

Each spouse submits a detailed financial affidavit listing:

• Assets (bank accounts, real estate, retirement plans)
• Debts (mortgages, credit lines)
• Income (pay stubs, tax returns)
• Monthly expenses (living costs, healthcare)

Honest reporting prevents perjury charges and informs fair determinations of alimony, child support, and equitable distribution of marital property.

Respondents Have 20 Days to Respond

After valid service, the incarcerated spouse has 20 days to file an Answer. Failure to respond leads to a default judgment, moving the case toward a Final Judgment of Dissolution of Marriage without contested hearings.

Contested and Uncontested Divorces

• Uncontested Divorce: Both parties agree on terms in writing, often via an “Answer and Waiver of Service.” This path is quicker and less costly.
• Contested Divorce: The inmate files a counter-petition outlining disputes over custody, support, or asset division. Contested cases involve discovery, depositions, and a potential trial, requiring more time and higher legal fees.

Communication Strategies When Divorcing Someone in Prison

Maintaining clear, consistent dialogue is vital when face-to-face meetings aren’t possible. The legal challenges of divorcing an inmate can increase without in-person conversations.

Maintaining Communication with Your Incarcerated Spouse

• Scheduled Phone Calls
  • Purchase prepaid minutes through the prison’s approved provider.
  • Outline discussion points before each call to cover critical decisions efficiently.
• Written Correspondence
  • Send concise letters detailing agreements and next steps; retain copies for evidence.
  • Use certified mail when possible to confirm delivery.
• Visitation Planning
  • Complete visitor applications and background checks well in advance.
  • Prepare a clear agenda and any paperwork needed during visits.

Pro Tip on Communicating Long-Distance: Create bullet-pointed summaries of each conversation or letter. This practice reduces confusion when revisiting agreements or instructions.

Financial Considerations in a Prison Divorce

The cost of divorce with an incarcerated spouse often exceeds standard fees. From valuing assets to covering visitation expenses, proper budgeting prevents unwelcome surprises.

Dividing Assets and Debts During a Prison Divorce

• Marital Property Inventory: List homes, vehicles, bank accounts, and retirement funds.
• Equitable Distribution: Florida courts divide assets fairly but not always equally.
• Expert Valuation: Engage appraisers or forensic accountants ($150–$350/hour) for complex assets like business interests.
• Debt Allocation: Determine responsibility for mortgages, loans, and credit lines; negotiate payment plans to avoid defaults.

Addressing Child Custody and Support

• Custody Evaluations: A guardian ad litem or child psychologist may be appointed to assess the best interests of minor children.
• Support Calculations: Courts base child support on both parents’ incomes. If the inmate has no income, support obligations default to the other parent or third-party contributors.
• Managing the Cost: Track all divorce-related expenses – court fees, attorney hours, phone call charges, travel – to maximize allowable reimbursements or pro bono assistance.

Additional Considerations for a Divorce in Prison

Beyond legal filings and finances, divorcing behind bars demands extra patience and self-care.

Accessing Documents and Records

• Court Records: Request certified copies of marriage certificates, prior orders, and financial affidavits from the clerk’s office.
• Prison Records: File public records requests under Florida’s Sunshine Law to obtain disciplinary reports or good-time calculations.
• Professional Services: Consider a records retrieval service to expedite the process.

Dealing with Delays

• Prison Bureaucracy: Mail and visitation approvals can add 2–4 weeks per step – factor this into your overall timeline.
• Court Backlogs: Family court scheduling delays can extend final hearings by months. File motions for expedited review only when emergencies arise.

Self-Care

• Emotional Support: Work with a therapist or join support groups focused on families of inmates.
• Breaks: Schedule personal time free from legal tasks to recharge.
• Professional Guidance: A divorce lawyer for an incarcerated spouse can set realistic expectations and protect your interests throughout Florida’s complex incarceration and divorce laws. Alternatively, you can consider our mediation service, which provides a neutral space to resolve issues and reach fair agreements when direct communication is challenging.

Moving through a Florida prison divorce demands meticulous attention to paperwork, clear remote communication, and careful management of finances and timelines. By following each of these steps – focusing on accurate service of process, timely filings, and strategic planning – you’ll navigate the hurdles of an incarcerated spouse divorce, ready to build a new chapter in your life. 

Always verify current statutes on Florida’s official court websites and seek professional legal counsel for personalized advice.