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A male inmate of a Duchesne County, Utah prison recently filed a federal lawsuit alleging that he is being denied equal access to the courts based on the $155 filing fee he's required to pay the state of Utah for his divorce petition.
Fee Can Be Waived for Poor Non-Inmates
Jacob M. Kelsey, a 28-year-old prisoner, contends that divorce judges have the option to waive the filing fee for poor petitioners who are not in prison, yet a federal law prevents judges from waiving the same fee for poor inmates.
Deterring Frivolous Lawsuits
That law was enacted in 1996 in an effort to deter prison inmates from filing 'frivolous' lawsuits by requiring them to pay the full filing fee in all civil legal actions. Instead, inmates who don't have the entire fee can pay half of the fee and then monthly payments amounting to no more than 20 percent of the inmate's disposable income from the prior month.
Indeed, frivolous lawsuits from inmates with lots of time on their hands have been a problem in nearly every state, clogging up the courts.
Issue — Whether Divorcing Is a "Fundamental Right"
Kelsey's attorney Brian Barnard stated that the U.S. Supreme Court has upheld this restriction regarding prison inmates except when the inmate’s lawsuit involves a fundamental right. Barnard argues that getting a divorce is also a fundamental right.
Barnard additionally points out that:
1. If Kelsey's wife wants to divorce and is as poor as Kelsey, she could have the whole filing fee waived, and
2. Other states waive the filing fee for indigent prison inmates asking for a divorce
Jacob Kelsey earns about 30 cents per hour at his prison job. In 2006, he pleaded guilty to four separate counts of felony rape and was sentenced to consecutive terms lasting one-to-15 years. His recent lawsuit names several judges and state officials as defendants.
(Source: The Salt Lake Tribune)
Ask a Divorce Attorney about Your Rights
If you feel that you cannot afford to get a divorce, contact a qualified and experienced divorce lawyer near you to learn more about your options. If you qualify in your state, you may be able to forego paying the fee for initiating the divorce. Contact us today for more information.