Divorce is rarely simple, and it can feel even more complicated if your spouse is incarcerated. If your spouse is in prison in Iowa, you may wonder whether you can file for divorce, how the process works, and whether their imprisonment will affect the outcome of the settlement agreement. Understanding your legal rights and responsibilities during this time is crucial in protecting yourself and your family. Continue reading and work with a skilled Dallas County divorce lawyer for experienced representation during your case.
Can I Get a Divorce in IA if My Spouse is in Prison?
Yes, your spouse’s incarceration has no bearing on whether or not you can file for and obtain a divorce in Iowa, and the process is more or less the same. Iowa is a no-fault divorce state, meaning that there is no need to provide evidence of one spouse’s wrongdoing in order to obtain a divorce. To file for divorce in Iowa, at least one spouse must have lived in the state for at least one year if the other spouse is not a resident. If your incarcerated spouse is in an Iowa facility, you may be able to file in that county without meeting the one-year requirement.
After filing the official complaint for divorce, you must serve your spouse with notice of your intent to dissolve the marriage. The sheriff or a process server can deliver the papers directly to the correctional facility, which will coordinate the delivery. Your spouse has 20 days to file a formal response, either accepting or contesting the terms. If they fail to respond, you could be issued a default judgment.
Your spouse will likely be permitted to participate in the divorce process by video, phone, or mail from the facility where they are being held. They can also be represented by an attorney.
How Will My Spouse’s Incarceration Impact the Outcome of the Divorce?
While the process of settling property division, alimony, child custody, and child support is generally the same, your spouse’s incarceration can influence the outcome of these issues. Iowa is an equitable distribution state, meaning that property and debts are divided fairly, not necessarily equally. Your spouse’s ability, or lack thereof, to earn income or manage assets can impact how the court divides property and debts. The court may also consider the cost of supporting your spouse and what their financial needs will be once they are released.
When it comes to custody, you will likely be granted sole physical custody, as an incarcerated parent typically cannot provide daily care. However, they may still have limited visitation rights, like phone calls, mail privileges, or supervised visitation, especially after their release.
Divorce with an incarcerated spouse can be complex, but Iowa courts are equipped with the resources and knowledge to settle the case fairly. For more information, contact a skilled family lawyer today.
