Legal Question in Family Law in New York

Divorcing someone in jail

My husband has been in and out of jail. He is currently serving time and maybe incarcerated for over 5 years. How can I divorce him?


Asked on 4/03/07, 3:31 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: Divorcing someone in jail

Hi:

You should really speak with an attorney regarding this situation.

If you decide to divorce you will need to have a summons and complaint drawn in an action for divorce, filed with the court with the proper fees, and have him served which will get the case into court. This is a pretty complicated subject that is why I suggested you speak with an attorney, especially if there are assets and children involved.

You may contact me for a telephone consult at no charge so that I may try and point you in the proper direction.

Good Luck

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Answered on 4/03/07, 4:09 pm
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Divorcing someone in jail

In NY you may divorce your spouse on grounds of Imprisonment for a period of 3 or more years.

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Answered on 4/03/07, 4:58 pm


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