Can I divorce my incarcerated husband if he refuses?
Question Details: I now live in NC; he is incarcerated in SC. He has been in prison for 14 years and the last I talked to him, I asked for a divorce but he refused. How can I legally divorce him to have him out of my life forever?
Yes, you can divorce him over his objections or refusal: the law does not let one spouse keep another "prisoner" in a marriage or require you to stay married forever. You don't need his permission to divorce. However, him being incarcerated does procedurally complicate matters, because he does have a right to be served with papers and participate in the divorce case, which is clearly more awkward and challenging when he is in jail. So while you absolutely can get divorced, it may be difficult for you to manage the process--which will typically involve properly filing a divorce case (a lawsuit) in family court--as a layperson. Hire a lawyer, even if you need to save up for it or borrow money from family: a lawyer will help you navigate the court system and get divorced as quickly as possible despite the complications imposed by his incarceration.
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