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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Andrew Barlow

I would hands down suggest Brown Family Law. Nathaniel helped me with my divorce, and he was very knowlegeable and knows his stuff. He helped me file a motion, get somethings changed in the original decree, helped me understand the terms they use, helped me understand how child support is calculated along is all the financial aspects associated with divorce case. He also is very responsive to phone calls and emails which was very helpful whenever I had small questions. Thank you Nathaniel!

Response from the owner: Andrew, thank you for your kind words.

Ryan Burns

I can’t say enough good things about Brown Family Law, but more specifically, my lawyer David Handy and his paralegal Dani. They are kind and honest and always available to me when I’ve needed them! This is such an exhausting time and they alleviated all of my stress by taking control. I could trust the process knowing I was in great hands!!! The entire law firm works as a team to take care of you! I can’t recommend them enough! Thank you!!!

Response from the owner: Ryan, so glad David and Dani served you so well and alleviated your stress.

Benjamin Ballard

They handled my case with the highest degree of professionalism and integrity and made every effort to be efficient and transparent with me throughout the whole process. I was told that they were the best as far as family law is concerned and I believe that praise was fully justified.

Response from the owner: Ben, thank you.

Jonathan Porter

Amber McFee is always professional and great to work with. Being opposing counsel by nature is adversarial, but Amber is professional in approach while effectively advocating for her clients. She will treat you right!

Response from the owner: Thank you, Jonathan.

Devin R

Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.

Response from the owner: Devin, thank you for the kind words. Andrew appreciated the opportunity to help you with your situation.

Corey Lee

Sophie was very helpful and explains the process and fees. Thank you!

Response from the owner: Corey, thank you for the kind words. Glad we could help.

Sofía Rodríguez

Dani always kept me updated and has great communication skills.

Response from the owner: Thank you, Sofia.

Victoria Lopez

Dani was extremely helpful and always responsive.

Response from the owner: Glad Dani did well for you.

Jodie Harris

My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.

Response from the owner: Jodie, glad we were able to communicate with you so effectively and quickly. Thank you for your kind words.

Mendi Handley

I recently used Clay in a divorce case and could not have been happier. He was efficient, knowledgeable, and made me feel like I was his only client. The process was easy and he was always there to reassure me or help me with decisions. I would highly recommend Brown Family Law.

Response from the owner: Thank you, Mendi.

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

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