How Long Does It Take to Divorce an Incarcerated Spouse?

How Long Does It Take to Divorce an Incarcerated Spouse?

The Question:

How long does it take to get divorced from my husband who is locked up in prison?

RJ Says:

The soonest you can be legally single in Arizona is approximately 70 to 80 days after he has been served with the Petition for Dissolution. Arizona law requires a 60-day cooling-off period after service before the court can finalize the divorce—either through a Consent Decree (if you both agree) or a Default Decree (if he does not respond in any way).

If he does respond, I cannot predict exactly how long it will take to finalize the divorce. That will depend on whether you are proceeding by agreement or if there are contested issues that need to be resolved.

I do know for a fact that the sooner you start, the sooner you can be finished.

A qualified and experienced family law attorney can assist you in considering your options and getting where you need to be. Most of us offer free, half-hour consultations, where your matter can be discussed in detail. That would be a great opportunity to go over the specifics of your case and develop a plan. I encourage you to schedule this free consultation as soon as possible.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.