Can I Get a Divorce in Tennessee if My Spouse is in Prison?

Divorce is rarely simple, but the process can seem especially complex if your spouse is behind bars. Many people in Tennessee wonder whether they can still get a divorce if their spouse is serving time in prison, and how their partner’s incarceration will impact the outcome of the case. If your spouse is serving time, continue reading to learn more about your legal rights and options, and contact a knowledgeable Shelby County, Tennessee divorce lawyer for skilled representation.

Can I Get a Divorce in TN if My Spouse is in Prison?

Yes, you can file for divorce even if your spouse is in jail or prison. Incarceration does not prevent you from filing for or being granted a divorce. In fact, the process is generally the same as a case where both spouses are free.

First, file the Complaint for Divorce in the county where you or your spouse last lived together, or where you currently reside. Include the required documents and filing fees. Next, your spouse must be informed of your intent to terminate the marriage. Serve them with the papers by certified mail to the correctional facility, through the sheriff’s department, or a certified process server. You must receive proof that your spouse was served.

Your spouse has 30 days to respond after being served. If they do not, you can ask the court for a default divorce. If they do, however, you will go through the process as normal. You may have to attend hearings or negotiations. Your spouse can generally participate via video or phone, as well as their own legal representatives.

What Are the Valid Divorce Grounds in Tennessee?

Tennessee state law recognizes many valid grounds for divorce, including both fault-based and no-fault reasons. Under TN Code § 36-4-101, these grounds are as follows.

1. Impotence at the time of marriage
2. Either party has knowingly entered into a second marriage
3. Adultery
4. Willful or malicious desertion without reasonable cause for at least one year
5. Conviction of any crime that renders the party infamous
6. Conviction of a felony crime and sentence to confinement in the penitentiary
7. Either party has attempted to kill the other by poison or other means of malice
8. Refusal to move to Tennessee with the spouse without a valid reason, and being willfully absent for 2 years
9. Pregnancy by another person at the time of the marriage
10. Habitual drunkenness or abuse of narcotic drugs
11. Cruel and inhuman treatment
12. Indignities that render one spouse’s position intolerable
13. Abandonment or refusal to provide for the spouse
14. Irreconcilable differences
15. Separation of 2 or more years

As established above, your spouse’s imprisonment does not bar you from filing for divorce. In fact, you can even use it as a valid ground if you are filing a fault-based divorce.

The divorce process can be complex, especially if one spouse is behind bars. Reach out to a skilled attorney for more information today.