Expediting Divorce Against Jailed Spouse

No. The divorce action will not go faster, it will probably go slower. Regardless that your husband is in jail, he still has the same statutory and Constitutional protections in a divorce and custody action as he had prior to his arrest. Since he is in jail, the process will be slower since he has a right to attend hearings, and that will require the issuance of a Writ to get the jail to transport him to the hearings. He will have to provide financial information and documentation which he doesn’t have easy access to due to his incarceration. He can get the documentation, but that will take a lot of time and effort.

The filing fee in the divorce case cannot be waived due to your husband’s criminal cases. However, if you are indigent, you might qualify for a waiver.