Getting ready to divorce an inmate does not require you to complete any additional paperwork because of the incarceration. Visit your lawyer, fill out the documents, and have them served at the prison. It is easier to serve someone in prison since it is much simpler to find the person. In some states, you may have to wait a certain amount of time before you file for divorce. For example, many states require legal separation for a year or two before you can file. Some states will allow you to waive this if you present it before a judge and explain your husband or wife is in prison for longer than the requirements for separation.