Can I get divorced if my spouse is in prison in Connecticut?

Yes, you absolutely can get a divorce in Connecticut even if your spouse is incarcerated. Facing this situation is incredibly challenging, and the legal process can seem daunting on top of the emotional weight you're already carrying. Please know that the law provides a clear path forward for you. You do not have to remain married to someone who is in prison.

Navigating a divorce when your spouse is incarcerated involves some unique steps, particularly when it comes to notifying them of the proceedings. However, the fundamental right to end a marriage remains the same. This guide will walk you through the process, explain the specific Connecticut laws that apply, and provide the actionable information you need to move forward.

Understanding the Legal Foundation for Divorce in Connecticut

In Connecticut, you need a legal reason, or "ground," to get divorced. The good news is that Connecticut is a "no-fault" state, which simplifies things for most people. This means you don't have to prove that your spouse did something wrong to cause the marriage to end.

There are two main grounds that apply when you want to get a divorce from a spouse in prison in Connecticut:

Irretrievable Breakdown (No-Fault): This is the most common ground used for divorce in Connecticut. It simply means the marriage has broken down beyond any hope of reconciliation. According to Connecticut General Statutes (C.G.S.) § 46b-40(c)(1), a divorce shall be granted upon a finding that "the marriage has broken down irretrievably". You do not need to explain why or place blame. For most people, this is the simplest and least confrontational path, even when a spouse is incarcerated.
Imprisonment (Fault-Based): Connecticut law also provides a specific fault-based ground related to incarceration. C.G.S. § 46b-40(c)(9) allows for a divorce if a spouse has been sentenced to "imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year". While this option exists, it is often more complex to prove than simply stating the marriage has broken down. Most attorneys recommend using the no-fault ground for its simplicity and to avoid unnecessary conflict.

Choosing the "irretrievable breakdown" ground allows you to focus on the practical aspects of the divorce—like property division and parenting plans—rather than on proving the details of your spouse's crime.

Connecticut Law Requirements for Serving an Incarcerated Spouse

The most significant difference when you pursue a divorce with a spouse in prison in Connecticut is the formal notification process, known as service of process. You can't just mail the divorce papers to the prison. Connecticut law has a specific procedure to ensure your spouse is properly notified and the state is aware of the proceedings.

According to C.G.S. § 46b-45(c), if your spouse is an inmate in the custody of the Commissioner of Correction, you must serve the divorce complaint on two separate parties:

Your Incarcerated Spouse: They must receive a copy of the divorce papers at the correctional facility where they are housed.
The Commissioner of Administrative Services: A copy of the complaint must also be served on the Commissioner of Administrative Services, typically at their Hartford office.

This dual-service requirement is crucial. Failing to properly serve both your spouse and the Commissioner can delay your case or even lead to its dismissal. This is one of the most critical steps in the process of getting a divorce from a spouse in prison in Connecticut.

If your spouse is incarcerated in another state, the law is similar. C.G.S. § 46b-45(c) states that "If any party is confined in an institution in any other state, a copy shall be so served on the superintendent of the institution in which the party is confined."

Step-by-Step Guide to Filing for Divorce from an Inmate in CT

While every case is unique, here is a general overview of the steps involved in the divorce process when your spouse is in a Connecticut prison.

Step 1: Prepare and File the Divorce Complaint

The first step is to prepare the initial divorce paperwork. This includes:

The Summons (JD-FM-3): This official form notifies your spouse that a lawsuit has been started against them.
The Divorce Complaint (JD-FM-159): This document formally asks the court to dissolve your marriage. You will state the grounds for the divorce (usually "irretrievable breakdown") and what you are asking the court for regarding property, debt, alimony, and child-related issues.
Notice of Automatic Court Orders (JD-FM-158): These orders go into effect automatically for both you and your spouse once the divorce is filed. They prevent either of you from selling assets, taking on new debt, or removing children from insurance policies (Practice Book § 25-5).

You will file these documents with the Superior Court clerk in the judicial district where you live. You will also need to pay a court filing fee.

Step 2: Arrange for Service of Process

This is the most critical step. You must hire a State Marshal to deliver the divorce papers. The marshal will:

Serve a copy of the Summons, Complaint, and Automatic Orders on your spouse at their correctional facility.
Serve a second copy on the Commissioner of Administrative Services at their designated office.

The marshal will then complete a "Return of Service" document and file it with the court to prove that everyone was properly notified. This formal proof is essential for your case to move forward.

Step 3: Your Spouse's Response (or Lack Thereof)

After being served, your incarcerated spouse has a right to respond to the divorce.

If They Respond: They can file an "Appearance" form to participate in the case and an "Answer" to your complaint, where they can agree or disagree with what you've requested. If they contest any issues, your divorce becomes a "contested" case, which may require court hearings to resolve disputes.
If They Do Not Respond: If your spouse fails to file an Appearance form with the court within the legal timeframe, you can file a motion asking the court to find them in "default." This allows you to proceed with the divorce without their participation. The court may schedule a hearing to finalize the divorce based on the requests in your complaint.

Step 4: Financial Disclosures

Both you and your spouse are required to exchange detailed financial information. You must complete and file a sworn Financial Statement (JD-FM-6) with the court. This form lists your income, expenses, assets (like bank accounts, real estate, retirement funds) and liabilities (like mortgages, car loans, credit card debt). Even if your spouse is in prison and has no income or assets, you must still file your own financial statement.

Step 5: Finalizing the Divorce

How your divorce is finalized depends on whether it is contested or uncontested.

Uncontested/Default Divorce: If you and your spouse agree on all terms, or if your spouse has defaulted, you can ask the court to approve your agreement and enter a final judgment. The court will review your agreement to ensure it is fair and equitable, especially if children are involved (C.G.S. § 46b-66).
Contested Divorce: If you and your spouse disagree on issues like property division or alimony, you may need to attend mediation or a pre-trial conference to try to resolve them. If you still can't agree, a judge will hold a trial, hear evidence from both sides, and make the final decisions. Your incarcerated spouse has the right to participate in these hearings, often via video conference or through their attorney.

Important Considerations

Divorcing an incarcerated spouse presents some unique challenges. Here are a few things to keep in mind:

Child Custody and Parenting Plans: If you have minor children, their best interests are the court's top priority (C.G.S. § 46b-56). A parent's incarceration will significantly impact custody decisions. You will likely be awarded sole legal and physical custody, but the court may still address the other parent's right to communication (like letters or phone calls) if it's deemed to be in the child's best interest.
Alimony and Child Support: A person's ability to pay is a key factor in ordering alimony (C.G.S. § 46b-82) and child support (C.G.S. § 46b-84). Since an incarcerated person typically has little to no income, it is unlikely a court would order them to pay support while in prison. However, a support obligation could be established or modified upon their release when they have an ability to earn income.
Property and Debt Division: Connecticut is an "equitable distribution" state, meaning marital property is divided fairly, though not necessarily 50/50 (C.G.S. § 46b-81). The court will consider many factors, including the cause of the divorce. Your spouse's criminal conduct and incarceration could be a factor the judge considers when dividing assets and debts.

Frequently Asked Questions About Divorce with an Incarcerated Spouse in CT

Here are answers to some common questions about getting a divorce from a spouse in prison in Connecticut.

1. Do I have to use my spouse's imprisonment as the reason for the divorce?

No. While imprisonment is a legal ground for a fault-based divorce in Connecticut, you are not required to use it. The vast majority of people use the "irretrievable breakdown" no-fault ground because it is simpler and less confrontational.

2. How will my spouse's incarceration affect child custody?

A judge's primary concern is the child's best interest. A parent's incarceration makes it impossible for them to provide daily care and a stable home. Therefore, the non-incarcerated parent is almost always awarded sole physical and legal custody. The court may still outline terms for communication, such as phone calls or letters, between the child and the incarcerated parent.

3. Can my incarcerated spouse stop the divorce?

No, they cannot stop you from getting a divorce. However, they have the right to participate in the process. They can hire an attorney, respond to your complaint, and contest issues like property division. Their incarceration does not take away their right to be heard by the court.

4. What if I don't know which prison my spouse is in?

You can use the Connecticut Department of Correction's inmate lookup tool on their website to find their current location. You will need their name or inmate number. This information is necessary for the State Marshal to complete service.

5. Will my spouse have to appear in court for the divorce hearings?

It depends. For many procedural hearings, their attorney can appear on their behalf. For a final hearing or trial, the court will make arrangements for them to participate, which is often done via a video link from the correctional facility. They will not typically be transported to the courthouse for a civil matter like a divorce.

6. Can I still get alimony or child support?

It is highly unlikely that a court will order an incarcerated person to pay alimony or child support, as they have no ability to earn income. However, the court can issue an order for $0 and reserve the right to modify it in the future. This means you could seek support from them after they are released and employed.

7. How does this process change if my spouse is in a federal prison or a prison in another state?

The process is very similar. The key difference is service. Instead of serving the CT Commissioner of Administrative Services, the divorce papers must be served on the superintendent or warden of the specific institution where your spouse is located, as required by C.G.S. § 46b-45(c).

Getting the Help You Need

Navigating a divorce is never easy, and when your spouse is in prison, the process has extra layers of complexity. The specific rules for service of process are strict, and a mistake can set your case back for months.

Working with an experienced Connecticut divorce attorney can ensure that every step is handled correctly, from drafting the initial complaint to properly serving all required parties. An attorney can protect your rights, manage communication, and advocate for your best interests regarding your children, finances, and future. You don't have to go through this alone.

Conclusion

If you are considering a divorce from a spouse in prison in Connecticut, remember that you have a clear legal path to do so. The law ensures that you can move forward with your life, even if your spouse is incarcerated. By understanding the grounds for divorce, the critical step of service of process, and the potential outcomes for issues like custody and property, you can approach this difficult journey with confidence and clarity.