Reviewed on: May 04,2026

Can You Divorce an Inmate After 10 Years of No Contact?

Is it considered abandonment if a spouse never visits an inmate in over 10 years, and is it grounds for divorce?

Asked: December 11, 2019
Author: Aminco
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From a practical legal standpoint, you do not need abandonment as a specific grounds to divorce someone who is incarcerated. In most states, no-fault divorce laws allow either spouse to end a marriage without having to prove wrongdoing, neglect, or abandonment by the other party. A judge is not going to stand in the way of someone who wants out of a marriage where their spouse has been incarcerated for a decade. The length of the sentence alone is generally considered sufficient justification, and courts handle these cases routinely.

Whether the lack of visits technically qualifies as legal abandonment depends on the state and how abandonment is defined in that jurisdiction's divorce statutes. Some states require a specific period of physical desertion with intent to abandon. Others interpret it more broadly. But again, in most situations the no-fault route is simpler and does not require proving anything about the other spouse's behavior.

For the inmate on the receiving end of this situation, a spouse who has not visited in ten years has in practical terms already made their choice, even if no paperwork has been filed. That reality is painful, but it is also something that courts recognize and do not complicate further.

If the person filing for divorce is the one on the outside, the process involves serving the incarcerated spouse with divorce papers through the facility, which has a formal procedure for handling legal correspondence. If the inmate wants to initiate the divorce, they can do so through the courts as well, though the process is more involved from inside and typically requires legal assistance.

Either way, ten years is more than enough. A judge will not create obstacles.

https://www.inmateaid.com/ask-the-inmate/can-you-divorce-an-inmate-after-10-years-of-no-contact#answer
Accepted Answer Date Created: December 12,2019