How To Deal With A Divorce When Your Ex Is In Jail

Question

I’m in the process of getting a divorce I need some advice on his 401K selling my house and putting the car in my name. He was just put in jail and will hopefully be there for a long time.

We have a car that is paid off that I want in my name. He and I have a house that I want to sell because I can’t even sleep at night in it and he has a 401K that I need the money from. We have 6 Children and he was defiantly the breadwinner in the family. I work full time but don’t make enough. do I need to deal with all of this before I get a divorce or should I get a divorce first?

Answer

The divorce court is the easiest place to get the orders you are looking for. You can request a temporary hearing to ask the court to order his cooperation with the sale of the house. You may not need that if your husband will agree to the terms that you are looking for. However, you can list the home now for sale to start the process. The divorce court can order him to sign over a car title to you, but the court will typically be looking for an even division of the property and the 401k. The court can order the 401k administrator to divide the marital portion into a separate 401k for you.

Your case presents an unusual twist with him in jail since he may not have the immediate ability to pay child support. You should consult an attorney about how to deal with this issue. Click on links to my blogs below regarding what you should include in a custody order, even on a temporary basis, and for tips on mediation. Even with your husband in jail you may be able to work out a mediation to resolve some of these issues.

Action Steps

When you file for divorce, you can request a temporary hearing to ask the court to order his cooperation with the sale of the house. You may not need that if your husband will agree to the terms that you are looking for. However, you can list the home now for sale to start the process. The divorce court can order him to sign over a car title to you, but the court will typically be looking for an even division of the property and the 401k. The court can order the 401k administrator to divide the marital portion into a separate 401k for you. Click on links to my blog for what needs to be in a Custody Order and considerations for Mediation below regarding what you should include in a custody order, even on a temporary basis, and for tips on mediation.

Cameron JohnsonHow To Deal With A Divorce When Your Ex Is In Jail