​What if my spouse is in jail or prison?

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Category: Divorce Filing

You must still provide notice to your spouse about the divorce if he or she is in jail or prison.

If your divorce is agreed, your spouse can sign the necessary court forms in jail or prison and return them to you.

If your divorce is not agreed (or you don’t want to have contact with your spouse), you must have a constable or sheriff serve your spouse with the initial divorce papers in jail or prison.

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