Reviewed on: April 06,2026

Can an Inmate Finalize a Divorce Proceeding From Prison?

My Fiance is currently in reception in Chino. Just before this ordeal he filed for divorce form his wife (they had been separated for years) anyway the court date to finalize the divorce was on April 4th 2014, she told me she forgot to go and obviously he couldn't attend. We have been waiting on this divorce over 6 months. Because she didn't go they gave her another date for September, another 5 months away. I haven't told him yet because i know he was really excited about it being done with. Is there anything he can do from prison like tell a counselor and have a representative or alert someone he is unable to attend or something in cases she doesnt turn up to court again? There is no contesting it and i read online somewhere if there is no contesting or issues with child support you may not have to apprear.. before i tell him he still isnt divorced i wanted to know if there is anything he can do to from Prision. he was the one who filed. Thank you, any info would be helpful.

Asked: April 11, 2014
Author: Mandy
Ask the inmate answer
1

Yes, and there are several practical steps that can move this forward without your fiance needing to be physically present in court.

In most states, an inmate who filed for divorce can continue pursuing that divorce from inside prison. Physical presence at a final divorce hearing is often not required, particularly in uncontested cases with no disputes over children or property. Your fiance's attorney, or a family law attorney if he does not currently have one, can appear on his behalf at the September hearing and handle the finalization without him needing to be there.

On the issue of his wife repeatedly failing to appear, that is something the court takes note of. If she fails to show up a second time, the judge has the authority to proceed with the divorce in her absence or to hold her in contempt for non-compliance with court orders. Contact the court clerk's office or the judge's secretary and ask specifically what happens procedurally if the respondent fails to appear again. In many jurisdictions, a default judgment can be entered after repeated failures to appear, which would finalize the divorce without her participation.

Your fiance can also ask his counselor or case manager at Chino about getting legal correspondence handled from inside. Facilities have processes for inmates to manage civil legal matters, including signing documents, communicating with attorneys, and receiving court-related mail.

As for telling him, that is your call to make. But going to him with the situation and a clear plan for how to resolve it is a much easier conversation than delivering bad news with no path forward.

https://www.inmateaid.com/ask-the-inmate/can-an-inmate-finalize-a-divorce-proceeding-from-prison#answer
Accepted Answer Date Created: April 12,2014

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