LEGAL GUIDE
Written by attorney Connie Jean Merwine | Jun 2, 2011

My spouse has been incarcerated but refuses to consent to a divorce. Can I get one without his or he

You have two options in this situation. First, depending on how long they have been incarcerated, if it is more than two years talk to your attorney about proceeding with a no-fault divorce based on that separation. The second option, if it has not been two years, but you want to move on now is to speak with your attorney about proceeding with a fault divorce. The Pennsylvania Code provides fault grounds for divorce when one spouse has been sentenced to imprisonment for a term of two or more years for committing a crime. It is important to note this only applies in cases where the spouse has already been sentenced and not to cases where the spouse could be facing two years or more imprisonment.

Additional resources provided by the author

If you have questions about a Pennsylvania family law case, we have the answers that you need. Read more to learn about your legal rights, or call us for an initial consultation about your case at (888) 478-1699.

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