Legal Question in Family Law in New York
Can an imprisoned spouse be awarded a divorce settlement?
My stepfather has been in prison for 7 years and my mother is trying to divorce him. Any assets she has have been earned in the time he was in prison - he didn't allow her to work. Also, she is still supporting three of her five children - two are in college, one is still in high school. She has been told to provide copies of her pay stubs, income tax, and retirement account. Will he be allowed to see these? And will the court force her to pay him a settlement? He will be in prison until 2011 (for bank robbery).
2 Answers from Attorneys
Re: Can an imprisoned spouse be awarded a divorce settlement?
In a divorce, both parties are required to disclose financial information to each other and to the court. The court will distribue marital assets pursuant to the DRL, which sets forth a number of factors, including the length of the marriage, contributions of each spouse to those assets and to the household, etc. Your mom should comply with any court orders to produce documents and information unless an attorney representing her advises her not to. As Ms. McAlister advises, your mom should consult with a qualified attorney right away.
Re: Can an imprisoned spouse be awarded a divorce settlement?
Your mother should have her own attorney. And, she follow her attorney's instruction.
If she has questions her attorney is unable to answer, she may consult with another attorney, in person, for a second opinion.
If she is unable to afford an attorney, you might consider a local law schools "legal clinic," for assistance.
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.
