Can an inmate contest a divorce? Is it free to divorce an inmate?

Asked over 1 year ago - Florence, SC

I am trying to divorce my husband who has been sentenced to 8yrs in prison. SC has a 1yr separation period, would that still apply in this case. He has been in prison since June 2012

Attorney answers (3)

  1. JaPaula C Kemp


    Contributor Level 16


    Lawyers agree

    Answered . Yes, any person can contest a lawsuit. Will the judge grant your divorce is the question? Make sure to consult a lawyer to make sure you have alleged the correct grounds for divorce in your petition. You will also have to properly serve him and will likely have to give him notice of the trial/hearing date. If you have pled the correct grounds for divorce the judge should approve your divorce.

  2. Judy A. Goldstein

    Contributor Level 20


    Lawyer agrees

    Answered . 1. Yes
    2. Probably not unless you otherwise qualify.

  3. William Emil Cassara


    Contributor Level 18


    Lawyer agrees

    Answered . I am not a SC lawyer, but I have actually represented inmates in divorce cases on a few occasions. The short answer is that like any other individual an inmate can contest a divorce. As for costs and fees, his status as an inmate is irrelevant.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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