Legal Question in Family Law in New York

my husband has been in jail for 7 years can i get a divorxce without his signature?


Asked on 8/24/10, 6:30 am

4 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

You do not need your spouse's approval to file for divorce in NY or in any other State in the U.S.

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Answered on 8/29/10, 6:41 am
Joel Salinger Law Office of Joel R. Salinger

Being incarcerated for 3 years or more is a ground to get divorced in New York State and if he refuses to accept service or participate in the divorce, you can get a default divorce. So the answer is yes.

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Answered on 8/29/10, 6:45 am
Kristen Browde Browde Law, P.C.

Although you do not need his signature, the previous answer is still incorrect. You can not get a divorce without proper service of process, even if your husband is in prison. Only after service can you get the divorce, whether on default or in the contested divorce process.

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Answered on 8/29/10, 8:38 am
Steve Brodsky Esq. CheapNewYorkLLC.com

You need to have him served in jail. If he refuses to sign or cooperate, you can get your divorce by default.

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Answered on 8/30/10, 7:03 am


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