Legal Question in Family Law in New York

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

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.

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.

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