Your husband being incarcerated makes little difference in the process of getting a divorce. Your husband and you are clearly separated (to be "legally separated" requires an order of the court, but Utah does not require a legal separation before you can file for divorce, so simply being actually separately physically means you are separated) by the fact that he is in jail and you are not, and members of couples who are separated file for divorce from each other all the time. So, if you know in which jail your husband is incarcerated: 1) you prepare the complaint for divorce, the summons, and a few other documents that you are required to serve on him; 2) Deliver these court documents to a constable or private process server (you can find these people online by doing a Google search for constable services? or "process servers?) with the name and address of the jail where your husband is located. If the process server locate your husband successfully, and serves him with your summons, complaint for divorce, and other required documents, in the divorce process has been started it is no different for you now than if he were not in jail. You mentioned that you have a four-year-old daughter, but I don't see how your husband being in jail with have any impact on custody of her, unless your husband's criminal history revolves around domestic violence, in which case his criminal record would be relevant to the question of child custody.
Answered on Jul 03rd, 2013 at 9:53 AM