text: can someone get a free divorce, if their spouse is in prison for committing a felony?   i don't know of any state that automatically gives the spouse of a convict a waiver of court costs; however, every state does have  a method for obtaining a waiver of court costs by persons who have low incomes.  check with your local court to find out what the schedule is.  states do not supply attorneys to divorce litigants, so your choice is to hire counsel, try to find free counsel, or do it yourself.   most local bar associations have referral services including referrals to attorneys who have agreed to take some cases for free or on a sliding scale.