Can I Get Divorced If My Spouse is In an Illinois Jail?

b2ap3_thumbnail_dupage-county-divorce-lawyer_20220602-180553_1.jpgMany spouses are shocked to discover their partner has committed a serious enough crime to land them in jail. Seeing one’s partner in prison garb and facing the consequences of his or her decision may be more of a burden than the marriage can bear. If a couple shares children, the prospect of explaining the situation to children and continuing a relationship with an imprisoned parent further complicates the question of whether to continue the marriage. Deciding whether to get divorced when your spouse is in jail or prison is a very difficult choice; an experienced Illinois divorce attorney can help you consider your options and move forward when you are ready. 

What Is a Good Reason For Getting Divorced With a Spouse in Jail? 

Even if the crime a spouse commits is serious enough to garner extensive jail time, many partners feel guilt about abandoning their spouse during such a challenging time. However, the only person who ultimately gets to decide whether to begin the divorce process is you; nobody else’s reasons need to be good enough. 

That being said, many spouses find that the struggle of being married to an inmate is too much for the following reasons: 

  • The difficulty of contacting their spouse regularly results in the couple becoming estranged

  • The partner outside of jail is left managing a household by themselves and feels lonely

  • The lack of physical intimacy prevents a couple from achieving closeness 

  • The financial burden carried by the unjailed spouse is too much to bear

  • Raising children with a parent in jail sets a poor example or may even expose the children to dangerous situations when the parent gets out

Spouses with a partner in jail may wait out the jail time in the hope that things will return to normal when the spouse comes home. Unfortunately, this is not often the case. Even if the incarcerated spouse gets out fairly quickly, prison often influences an inmate’s behavior and causes them to be more distant, hostile, or even violent when they come back home. If you are worried that divorcing your spouse may place you in danger when he or she gets out, you can request an order of protection that requires your spouse to stay away from you and your children when they get out of jail. 

Call a Hinsdale, IL Divorce Attorney Today 

Getting divorced when your spouse is in jail may feel complicated and overwhelming, but you do not have to face the process alone. Get experienced legal guidance about your divorce, plus an order of protection if necessary, from the skilled DuPage County divorce attorneys with Law Office of Martoccio & Martoccio. We offer free initial strategy sessions so you can share details about your situation and learn the approach we would take. Call us at 630-920-8855 to schedule your consultation today. 


Recent Blog Posts



Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2023 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience