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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Brown Family Law

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Bill C

Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.

Response from the owner: Thank you, Bill.

James Herrera

I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.

Response from the owner: Glad Amy communicated so well with you, James.

Jace Morris

Fast and kept me involved. Very professional team.

Response from the owner: Jace, thank you.

Shaun Jorgensen

Best attorney ever. They were so helpful and responsive

Response from the owner: Thank you, Shaun.

Christie Berube

When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.

Response from the owner: Christie, thank you. So glad Nathaniel was able to help you and that we were able to communicate with you so quickly.

Fer Esquivel Guillén

This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable

Response from the owner: Thank you very much for your kind words about Dani.

Karl Bench

I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!

Response from the owner: Karl, glad Russell served you well.

Ryan Farrell

very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

Response from the owner: You're welcome, Ryan. And thank you for the kind words.

Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.

Danny Fenstermaker

Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.

Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.

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

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