I’m in Jail and I Was Served Divorce Papers; What Can I Do?

Sometimes, you get kicked when you’re down.

That’s what it feels like to be served with divorce papers while you’re in jail or prison.

You’ve just gone through probably the most difficult period in your life, being convicted of a crime. Then, your spouse divorces you when you’re locked up.

Not a good spot to be in.

Most people who are served in jail end up doing nothing about their divorce. They believe there’s nothing they can do, so they don’t even respond to the divorce complaint.

And when you don’t respond in time to a divorce complaint, you default, which means your spouse gets everything he or she requested in the paperwork.

But what can you do from jail? How can you fight and be an active participant in your divorce?

It’s not easy, but here are some ideas:

You can represent yourself.

This is the worst idea ever. There’s no way you can represent yourself in your divorce from jail and do anything but lose. Don’t do this.

You can try to find an attorney from jail to represent you.

This is a bit better than trying to represent yourself, but not much. It’s almost impossible to find an attorney while you’re in jail, communicate with that attorney, and hire him or her. The logistics are just too hard. Not the best option.

You can give a family member a power of attorney and let that person find and hire an attorney for you.

This is the only way I’ve ever seen anyone in jail be successful in their divorce. A power of attorney allows someone to do things and make decisions for you. When you give someone you trust a power of attorney, you allow that person to find a good attorney to help protect your interests. With an attorney by your side, you can be successful in your divorce, even from jail.

Bottom Line

If you’re in jail and you get served, you need an attorney, otherwise you will almost certainly lose everything. Giving someone you trust a power of attorney is the best way to get the help you need in finding the right attorney for you.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Dell Clayton

Brown Family law. Nick and his partner Carren did a fantastic job handling my divorce. They always had my back. It was a difficult time of my life. They kept in touch with me every week. They were so though. I absolutely would record them.

Nicole M

Nick and Carren had amazing communication throughout this entire experience and answered all questions and concerns quickly! Would definitely recommend them. I had a wonderful experience with them.

Erin Kammer

Working with Carren was a great experience. She not only deeply knowledgeable about the legal process, but also incredibly patient in answering my questions and explaining complex documents. She was always responsive, professional, and went above and beyond to ensure I felt supported throughout my case. I couldn’t have asked for better help!

Ilya “Mr Vop” Vopilov

This office worked with my situation and my needs.

They were patient and explained the process to me if/when I had questions.

Over all a good service.

Nicole Lepore

When I came to Brown Family Law I had lost all hope that my divorce would ever be completed. I had served my ex with numerous previous petitions, and had never been able to get to the finish line. Feeling defeated and frustrated I decided to give it one last shot and contact Brown Family Law. Jennifer, Dani and Marco Brown himself listened to my intricate story and worked with expertise and grace to finally get my divorced finalized after a 6 year long journey. You can not put a price on your freedom or peace of mind and that's exactly what they have given me. Brown Family Law is exceptional at what they do. I would highly recommend them and their incredible team!! Thank you , Thank you, Thank you!!!!

Francisco Rojas

Idania- seems to me a very good profesional person
Her knowledge was very usefull for me
Thanks

leo berend

Carren leavitt & Nick Schwarz helped me with my case and both where quick to reach out and address my concerns or emails sometimes within minutes of emailing them I couldn’t be happier

Mary Mayhem

Definitely recommend! Nick and Carren worked with me every step of the way and always kept me informed on my case. They eased the stress during a difficult time and got me the best results possible. Thank you!!

Tyler Morrill

I worked with Nicholas Schwarz during my divorce and mediation, and I couldn’t be more satisfied with the outcome. My biggest concern was making sure my financial needs were still covered while paying alimony, and Nicholas was consistently clear, responsive, and genuinely protective of my interests. With his guidance, I reached a fair settlement that allowed me not just to get by, but to actually live my life. Divorce is always stressful, but he worked hard for me and took a lot of that stress off my shoulders. I would recommend him without hesitation and would hire him again.

Jennifer Stubbs

Mr. Clay Randle is an excellent lawyer. He responded quickly and was able to get my daughter's divorce competed in a short period of time. I highly recommend him and his law firm. Thank you

I’m in Jail and I Was Served Divorce Papers; What Can I Do?

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