I’m in Jail and I Was Served Divorce Papers; What Can I Do?

Sometimes, you get kicked when you’re down.

That’s what it feels like to be served with divorce papers while you’re in jail or prison.

You’ve just gone through probably the most difficult period in your life, being convicted of a crime. Then, your spouse divorces you when you’re locked up.

Not a good spot to be in.

Most people who are served in jail end up doing nothing about their divorce. They believe there’s nothing they can do, so they don’t even respond to the divorce complaint.

And when you don’t respond in time to a divorce complaint, you default, which means your spouse gets everything he or she requested in the paperwork.

But what can you do from jail? How can you fight and be an active participant in your divorce?

It’s not easy, but here are some ideas:

You can represent yourself.

This is the worst idea ever. There’s no way you can represent yourself in your divorce from jail and do anything but lose. Don’t do this.

You can try to find an attorney from jail to represent you.

This is a bit better than trying to represent yourself, but not much. It’s almost impossible to find an attorney while you’re in jail, communicate with that attorney, and hire him or her. The logistics are just too hard. Not the best option.

You can give a family member a power of attorney and let that person find and hire an attorney for you.

This is the only way I’ve ever seen anyone in jail be successful in their divorce. A power of attorney allows someone to do things and make decisions for you. When you give someone you trust a power of attorney, you allow that person to find a good attorney to help protect your interests. With an attorney by your side, you can be successful in your divorce, even from jail.

Bottom Line

If you’re in jail and you get served, you need an attorney, otherwise you will almost certainly lose everything. Giving someone you trust a power of attorney is the best way to get the help you need in finding the right attorney for you.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

Steve Baum

My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.

Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.

Casey Bingham

Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.

Response from the owner:Casey, thank you and so glad Andrew served you well.

Brian Lapp

Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.

Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.

Tashell Smith

Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.

Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.

Lesia Patterson

Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.

Response from the owner:Lesia, glad Leilani and Dani took such good care of you.

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I’m in Jail and I Was Served Divorce Papers; What Can I Do?

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