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Can you divorce an incarcerated spouse in Colorado?

On Behalf of | Mar 3, 2023 | Family Law

You probably never expected to become the spouse of a prison inmate when you first tied the knot. Now, your other half sits behind bars while you struggle to provide for your children.

The loving relationship you once had is gone, so what is the point of staying married? You may ask yourself this question if your spouse is imprisoned, especially if it seems they won’t be coming home anytime soon. Fortunately, you can dissolve your complex marriage, and it could be easier than you think.

Do you have grounds for a divorce?

All states offer no-fault divorces, but some also allow you to cite reasons for ending the union. For example, a specific divorce ground in many regions is the incarceration of a spouse.

In Colorado, you don’t need to cite a reason for wanting a divorce because the state has none. You can file a petition to divorce simply because your relationship has irretrievably broken.

Should you expect complications?

Yes, anticipate and plan for possible complications. Incarcerated spouses who object to the divorce could attempt to stall or delay the proceedings, for example. With skilled legal representation, they may succeed in slowing the divorce (usually hoping the other spouse reconsiders).

Another possibly substantial complication is negotiating with your spouse about marital property and child-related matters. For example, you may find arranging a suitable visitation schedule challenging, but your spouse probably has a right to see the children.

It’s also possible that your spouse owns more money or assets than you think. As such, it is wise to consider this possibility and strive to locate undisclosed or hidden assets.

It might take longer than a typical divorce, but you can end your marriage even if your spouse objects. Knowledge of state divorce laws and help from experienced legal counsel can minimize complications.