Are you thinking of divorcing your incarcerated spouse in Texas?

On Behalf of | May 31, 2023 | Divorce, Family Law

There is unimaginable strain in trying to sustain a marriage while your spouse is behind bars. So, it’s unsurprising if the thought of divorce has haunted you for a while now. You may probably even feel guilty for entertaining an idea that could break your entire family apart.

But you may find relief knowing that Texas law addresses your situation. The Texas Family Code identifies a felony conviction as grounds for a fault-based divorce. You don’t have to wait until your spouse has been released before filing for a divorce. You can serve your spouse with the necessary divorce paperwork and they have 20 days to respond. If they disagree on any level, your contested divorce may go to trial. But if your spouse agrees to your terms, the divorce goes uncontested.

Although it’s understandable to contemplate divorce while your spouse languishes in a correctional facility, you must also understand that risks are still associated with this significant relationship decision.

Association between divorce and incarceration

A National Institutes of Health study reveals that the likelihood of divorce dramatically increases if a spouse is serving time in prison. The physical and emotional distance may take a toll and manifest in a series of unfortunate issues:

  • Severed familial ties
  • Financial hardships
  • Lack of intimacy
  • Child-rearing struggles related to pregnancy or a child’s needs

Consequently, once your spouse gets out of jail, your relationship will still most likely suffer from a host of problems: increased odds of violence, extramarital affairs and less affectionate marital love.

Pursuit of freedom

An imprisoned life changes people, and in the worst cases, transforms them into a kind of individual barely recognizable. When this happens, the convicted and their loved ones equally undergo unfathomable suffering. If your situation becomes too overwhelming to carry and doesn’t serve your family’s best interests anymore, know that you have legal options to free yourself from the devastation of your marriage.

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