I'm divorcing my wife who is in prison. Are the divorce laws still the same?
3 attorney answers
Your marital assets will still be divided equally. The placement Order will depend on her situation as of the final date of divorce. If she is still in prison, you will most likely be awarded primary physical placement if she is unavailablebbecause she is incarcerated. If she is released by the time of final hearing, the Order will depend on whether she is maintaining sobriety and her stability at the time of the final divorce date and further details affecting the best interest of the children.
Yes, she could still receive joint legal custody for decision-making. You would need to show how her behavior interferes in decisions regarding education, medical, etc. unless she agrees that you have sole legal custody. Physical placement depends on a lot of factors and the facts unique to each family. Most importantly, how her release relates to when the case will be final.
As to property and debt division, that should be equal unless you are arguing that she wasted marital assets (crashed car, criminal defense atty fees, etc.).
You should consult with a local attorney to receive more thorough advice.
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