A felony will put a marriage completely on hold. You might decide that your partner's felony is the last straw and you may be considering a divorce. Depending on the state you're in, there are divorce rules you can take advantage of that are meant for those who are married to a felon.
A Felony Divorce Can Accelerate Your Case
All states have some form of no-fault divorce. Regardless of whether or not your partner is incarcerated, you can always initiate a divorce. However, a felony conviction can affect how you are able to go about divorcing your partner.
No-Fault Divorce Often has a Wait Period
Many states require that there be a period of separation before both partners initiate a no-fault divorce. However, with an incarceration and felony conviction, you will usually not have to undergo this waiting period.
Divorce for a Felony Incarceration Sometimes Has Restrictions
Felony convictions have been considered a grounds for divorce since before no-fault divorce was an option. However, some states require that you wait until your partner has been incarcerated for a particular number of years. Also, you must not have cohabitated since you became aware of the incarceration. For example, if your loved one was released from prison and you were cohabitating again, you would not be able to use the felony as grounds for divorce.
Your Partner Cannot Go On Probation
Felons who have been arrested, but negotiate for probation, can still cohabitate with their partners. Therefore, you will not be able to use this as grounds for divorce.
You May Have to Pay for an Ad Litem Attorney
The incarcerated spouse has the right to an attorney when he or she is battling the divorce. The attorney is responsible for representing the interests of the incarcerated spouse and is called an "ad litem attorney." You will be required to pay for the ad litem attorney. However, this might be waived if:
- Your partner was arrested for physical abuse
- The crime involved the sexual abuse of you, a child, or a grandchild
- You were the victim of sexual assault by your spouse
If you are considering divorcing your spouse, you should consider contacting him or her. An uncontested divorce is much easier to handle than a contested one. Also, your divorce will be much easier if you work closely with an attorney who has experience with family law and felony law.
To learn more information, reach out to felony lawyers near you.
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