When your spouse becomes incarcerated, this can put a serious strain on the relationship. Often times, the relationship was already strained before that person went to jail. What many people don’t realize is that just because your spouse went to jail, doesn’t necessarily mean that you can just divorce them right away.
However, it is important to note that imprisonment is actually one of the seven grounds for divorce in New York. Grounds for divorce don’t really matter anymore because you can simply claim that there has been an irretrievable breakdown of the marriage for at least six months. The irretrievable breakdown of a marriage is just a longer way of having a no-fault divorce.
In order to use imprisonment as a grounds for divorce in New York State, the imprisoned spouse must be in prison for at least 3 years in a row. The spouse who is not imprisoned can use this grounds for divorce for up to five years after the time in which they were released from prison.
If you have any questions about getting a divorce and how you can get started, contact an experienced divorce attorney who can provide you with assistance.
Leslye M. Schlesinger serves Rockland and Westchester County with compassion and integrity. With over 30 years of experience guiding clients through matrimony law, she now focuses on helping clients avoid litigation through alternative dispute resolution, including collaborative divorce and mediation. If you need an effective and committed attorney, contact Leslye M. Schlesinger for a consultation.