Legal Question in Family Law in New York
Can he still get a divorce
currently an inmate at a corr fac. wants to start divorce proceding on his wife. But the problem is that she and her family has threated him with certain information that could possiably bring up new charges on him, is that legal on her part?? Can he still put in the papers or is he better off in waiting when he comes home and start the paperwork from the outside. what is his best option at the moment?
1 Answer from Attorneys
Re: Can he still get a divorce
Unless he is due to get a huge payment from winning the Irish Lottery, what's his rush? Depending on the potential charges, he needs to wait at least until the Statute of Limitations is reached on the other charges. (Murder has no SOL and Sexual attacks have elongated SOLs) Usually on most felonies the SOL is 5 years.
He also has to worry about his SOL on his divorce causes of action also 5 years.
All things being equal, he probably ought to wait out the Statue of Limitations.
Good Luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
