Legal Question in Family Law in New York
uncontested divorce imprisonment
Can I file 3 years from the date of arrest or is it from the date of conviction. He is confined for 125 years to life.
Asked on 2/25/09, 7:33 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: uncontested divorce imprisonment
It is neither date of arrest or conviction. The statute is based on confinement. Any consecutive period of confinement of at least three years' duration will suffice, no matter the nature of the place of confinement. Cerami v. Cerami, 95 Misc.2d 840, 408 N.Y.S.2d 591 (Sup.Ct. Monroe County 1978).
The confinement must be consecutive. Therefore, if husband confined on date of arrest and never made bail, 3 years would start from date of arrest. If husband incarcerated on date of sentence, 3 years would start from date of sentence.
Mike.
Answered on 2/26/09, 9:09 am
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