Can I end a marriage or domestic partnership while I am incarcerated?
You can end a marriage or domestic partnership while you are incarcerated in the same way you would if you were out of prison or jail. However, there are a few factors you should take into consideration when deciding whether or not to end your marriage or domestic partnership while you are incarcerated:
- You may not be able to go to the court hearings.
- You will not be able to get physical custody of any child(ren).
- You are not guaranteed visitation rights with any child(ren).
- It can be difficult to access information about your finances and property while you are incarcerated.
See Cal. Penal Code § 2625. You have the right to be present at any court proceeding that may terminate your parental rights. But see Legal Services for Prisoners with Children, “Manual on Divorce Issues,” (1993) available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/Manual-on-Divorce-Issues.pdf (“ ↑