Legal Question in Family Law in New York

Legal Grounds For Divorce

I would like to file for a divorce on the grounds of imprisonment. However, the 5 year time limit has expired. Is ''irreconcilable differences'' legal grounds for divorce in New York? If not on what other grounds can I file for divorce? I have been separated from my spouse for 11 years (he has been imprisoned for 10 years). He was jailed in 6/93. Adultery and abandonment do not apply in my case.


Asked on 5/28/03, 2:49 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Legal Grounds For Divorce

While NY is not a no-fault divorce state, do not give up hope! Mental cruelty very likely will provide a suffient grounds for a divorce in this case. You are welcome to a consultation at no charge at my offices at 42 west 44th st., ny,ny. Please call for an appointment frist - 646-591-5786

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Answered on 5/30/03, 5:02 pm
Seth Kaufman Seth M. Kaufman

Re: Legal Grounds For Divorce

There is no such thing as "irreconcilable differences" or "no-fault" divorce in NY. Am I to understand that your husband is still in prison today? How long is he expected to remain? Abandonment or cruelty are most often employed in uncontested divorces. Please call me at 212-367-9167 to discuss your case in further detail.

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Answered on 5/28/03, 4:46 pm
Robert Evans Robert S. Evans esq.

Re: Legal Grounds For Divorce

You may have grounds for a divorce ,however this will not be your typical uncontested divorce action. If you have the financial resources you may contact my office for further information @718-834-0087.

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Answered on 5/28/03, 6:41 pm


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