Greetings. You can serve him with process while he is in jail, so that will not matter. Even if he disagreed with the divorce, as long as you were separated for over a year and a day, you can file for divorce. As long as you serve him, the fact that he is in jail should not matter.
He could even answer and agree with the divorce to assist it moving forward. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.