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.

Excellent

Brown Family Law4.8

Based on 1049 reviews

See all reviews

Angel Castillo

5 days ago

Leilani was incredible to work with throughout my case. She was always available when I needed her, and both she and Dani consistently went out of their way especially every Wednesday and Friday, to make sure they made time for me. Their dedication and responsiveness never went unnoticed. Leilani handled everything with professionalism and care, guiding me step by step toward a resolution. I truly appreciate the support, communication, and commitment they showed from start to finish

Bacca Clements

1 week ago

Going through a custody case is overwhelming, but having my attorney Nick, made all the difference. He was calm when I was stressed, always responsive, explained everything clearly, and truly had my child’s best interest at heart. Attention to detail, and courtroom presence made a huge difference. I felt heard, respected, and protected throughout the entire process. His communication was clear and consistent, and I never felt left in the dark. I’m beyond grateful for his hard work and dedication. I would absolutely recommend Nick to anyone needing strong, compassionate representation .

Chris Bonnett

3 weeks ago

Clay and Whitney and the wholesome respect I received during my entire interaction was amazing. They gave me valuable advice/feedback and a joy to work with. Highly recommend #10Stars

BJay Brown

4 weeks ago

I’m very glad I chose Brown Family Law to handle my divorce. From start to finish, the process went smoothly. Divorce can be incredibly stressful, but much of that stress was eased thanks to their professionalism and guidance. Special thanks to Nicholas Schwarz and Carren Leavitt—both are outstanding attorneys who clearly know exactly what they’re doing. I couldn’t have asked for better representation. Thank you!

Cip Madrigal

4 weeks ago

Nick and his team were professional, responsive, and incredibly effective. I’m extremely grateful for their guidance and highly recommend them to anyone needing a divorce.

Dell Clayton

4 weeks ago

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

1 month ago

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.

Blake Carter

1 month ago

Communication is a big thing for Brown Family Law and it showed. They were very helpful in answering any questions I had, and helping make all the complexities of law understandable.

Erin Kammer

1 month ago

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

1 month ago

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.

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

Related Posts