Incarceration as a Ground for Divorce

If your spouse is charged, arrested, and convicted of a crime, you may use Incarceration as a divorce ground.  In order to meet this ground you have to make certain showings to the court that you are entitled to use this ground to obtain a divorce.  Those elements are:

  • Your spouse was convicted of a crime;

  • Your spouse received a jail sentence of over 3 years or has received an indeterminate sentence (where the court has yet to set a release date based off of factors like how well the person has behaved since conviction); and

  • Your spouse has been imprisoned for 12 month at the time of filing.

If you are thinking of obtaining a divorce on this, or any other ground, please schedule a consultation with an attorney to discuss your options.