Can you get divorced if your spouse is in jail?
A spouse in prison will have access to divorce papers and other legal filing materials from the prison library. It's possible for an incarcerated spouse to file for divorce from prison as well. In some cases, a prisoner may attend divorce hearings in person or may do so by phone if leaving the prison is not an option.
What if my spouse filed for divorce first?
If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn't filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant.
What happens when a spouse won’t sign divorce papers?
If you properly served the divorce petition and your spouse filed an uncontested response, but won't sign off on the final divorce papers, courts in some states may allow the case to proceed as though it's uncontested. You may wait to be assigned a court appearance date.
Can a spouse be forced to sign divorce papers?
There is no need for your spouse to sign the petition; however, you will probably be required to serve your spouse with the petition in person. Spouses often refuse to sign divorce papers because they are uncomfortable with the language used and accusations made as part of a fault divorce.