My husband will be release from prison Monday after serving for 2 1/2 years. Due to the past of his drug abuse and other problems I am considering divorce. I was wondering if the rules would be different since he was just released from prison. Like for example, since he hasn’t lived with me for 2 1/2 years would we still have to be legally separated for a year before we divorce? Also, I have a home that I owned before we were married and have continued to pay the mortgage after we were married. Would he be entitled to half of it? Since he has been unemployed due to incarceration, and may not be able to find a job once released, will he be able to get alimony from me since I have a secure job?
You must be separated for one year after you have decided it is your intent not to continue the marital relationship. If you are still considering divorce, you have not been separated in accordance with what the statue requires to file for divorce.
The home is your separate property, he may be entitled to alimony.