How can an inmate get a divorce if a spouse won sign papers?
Despite incarceration, an inmate can file for divorce relying on resources in the institutional law library and the U.S. mail. An inmate can proceed and obtain a divorce even if his spouse refuses to voluntarily sign divorce papers.PetitionObtain a standard divorce petition form either from the prison law library or by writing to the clerk of the court and requesting the document. Complete the petition and send it for filing to the clerk of the court in the county where your spouse resides. As an inmate, the institution legally is not considered your permanent residence for the purposes of a divorce case.Service by SheriffWhen a spouse refuses to sign for divorce papers, you can ask the clerk to direct the sheriff to serve divorce papers on your spouse. You can make this request from prison. The sheriff serves the divorce papers, making your spouse subject to the jurisdiction of the court.Divorce HearingsCourts have procedures for divorce hearings when a spouse is incarcerated. Judges