- Some facilities require a written request for permission to marry. There will be rules regarding where the ceremony is performed if family members can be present, and whether flowers, photographs, or other traditional wedding details are allowed. Check the facility’s website or talk to the prison chaplain or warden. They can give you instructions and answer your questions.
- Prison officials may interview your incarcerated partner before the marriage is approved. This is done to confirm that the marriage will not cause safety issues for the prison or interfere with their rehabilitation. In some cases, prison officials may request to interview you as well.
- After permission to marry has been obtained, you will usually work with the prison facility’s Family Visiting Coordinator to arrange the actual ceremony, and you can set a date. Unlike in a traditional wedding setting, correctional facilities may have strict guidelines about when weddings can and cannot occur. Check the facility’s website or ask the warden if there are restrictions on when your ceremony can take place. For instance, you may only have a ceremony on certain days of each year or specific days of the month.
- After the ceremony, you may be permitted to spend time together as a couple (under supervision), but this isn’t guaranteed.
What are Conjugal Visits?
Conjugal visits are designated periods that allow married couples to spend time together while one spouse is incarcerated. States that still allow conjugal visits include California, New Mexico, New York, and Washington. Federal prisons and facilities in other states do not allow conjugal visits at all.
Even in the states that allow for conjugal visits, the availability of such visitation times may be subject to change. Conjugal visits are seen as a privilege, not a right, and can sometimes be taken away from individual inmates even if it is still allowed in the state. It may also depend on the reason behind the prisoner’s incarceration.
Can a Prisoner Get Divorced?
It is generally possible to divorce someone who is in prison serving a sentence. The best approach in any individual case will again depend on the marriage and divorce laws of the state in which you live. Additionally, speaking with a family lawyer in your state or region would be beneficial because of jurisdictional issues concerning where you can file for divorce.
While the trend is for people to file for no-fault divorce (where there is no need to blame one or both spouses for the failure of the marriage), there are cases where it is preferable to file for a fault-based divorce. Incarceration is a legitimate ground for divorce in Maryland, New York, Pennsylvania, Texas, and New Jersey. The length of incarceration necessary for divorce on the ground of incarceration varies from state to state but is commonly around 1-3 years.
What About Support and Custody Issues?
An incarcerated spouse may be ordered to pay child or spousal support in divorce. If there were an existing child custody or visitation arrangement before incarceration, this would need to be updated if one of the spouses enters a prison facility to serve a sentence. The arrangement must reflect the incarcerated spouse’s new living arrangement and inability to fulfill any custody and visitation duties.
In addition, if a spouse or former spouse owed child support payments before being sent to prison, they can sometimes petition the court to have the payment amounts modified to reflect their income during incarceration.
What if an Incarcerated Spouse Refuses to Sign the Papers?
It is not necessary for a spouse who has been properly served to sign any divorce papers for the proceedings to move forward. If they refuse, then it is generally possible to obtain a divorce by default.
Do I Need a Lawyer for Help Regarding Marriage or Divorce?
If you are interested in marrying or divorcing an incarcerated person, you should consider speaking with a divorce lawyer in your area.
They can help you to find out about your rights and options. Working with an experienced lawyer will help you understand the choices open to you according to state laws. They can help protect you, your family, and your interests.
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