Can I file for divorce while I am incarcerated?

Yes you can. The same requirements apply as if you were not incarcerated. See Appendix K, PG. 822, for the steps. But there are some things you should consider:

    You will not be able to present at the hearing unless it is ABSOLUTELY NECESSARY.[2526] It will be very hard for you to show that it is necessary for you to be present at court. To request to be present, you must file a motion with the court explaining your reasons for wanting to be at the hearing. You can also request that you be allowed to call in or participate by videoconference.
    You won’t be able to gain custody because you are incarcerated so that part of your divorce proceeding will not be handled. Instead, you will have to come back to court once you are released to discuss custody.
    There is no guarantee that your child or children will visit you in jail and may be more difficult if you get a divorce while in jail.
    Since you will not be present at the divorce, you may not be able to get information about property or financial interests that you may be entitled to from your spouse. If you get a divorce while incarcerated, you will not be able to go back to get these things.
  1. 2526

    Cal. Penal Code § 2625. You have a right to be present at any court proceeding in an action that may terminate your parental rights or make a judgment about your child when your child is a dependent in court. But a divorce is different, since it is neither, you will likely not be able to attend unless as part of the divorce your parental rights could be (or if your spouse requested) terminated.