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Many people ask if they can divorce their spouse if their spouse is incarcerated in jail. The answer is yes. Under NY Domestic Relation Law (DRL) § 170(3), you can file for an uncontested divorce if your spouse is in jail. Because the ground of imprisonment has a very specific meaning, you should immediately contact our Westchester County, New York uncontested divorce attorneys and lawyers to discuss your potions in executing an uncontested divorce because your spouse is in jail. Our uncontested divorce law firm is conveniently located in White Plains, NY near the divorce court. Make an appointment today if you are ready to move forward with your uncontested divorce.
To execute an uncontested divorce based on imprisonment, you must prove that your spouse:
- Is imprisoned for a period of at least three consecutive years.
- The imprisonment commenced after the date of the marriage.
- If your spouse was released from prison, he or she was released less than 5 years ago.
In other words, you can even use the ground of imprisonment to obtain an uncontested divorce after your spouse was released so long as they were released less than 5 years prior.
If your spouse has been or is incarcerated, contact our law firm to commence your uncontested divorce today. You are permitted to execute on an uncontested divorce while your spouse is still in jail. Our office will take care of all of the necessary paperwork and will commence your uncontested divorce due to incarceration / imprisonment by properly alleging it in the pleading and properly serving process on your spouse while you are in jail. Our NY uncontested divorce lawyers and law firm will work with you and interview you so that you can legally establish the ground of imprisonment, or other grounds, in order to undue your marriage with an uncontested divorce.
When you retain our White Plains, NY uncontested divorce lawyers we will ensure that you properly plea and allege all of the elements of the imprisonment. We will ensure that all of the conditions precedent to a court approving your uncontested divorce on imprisonment are met so that you can obtain a final judgment of divorce from the court.
Once all of the divorce issues are settled we will then prepare the uncontested divorce documents, file them with the court, track the progress of the case through the court system, make any subsequent or amended filings, and ensure that your NY uncontested divorce gets finalized in a divorce decree and judgment of divorce.
We understand that contemplating or being involved in a divorce proceeding is confusing, and downright scary. This is especially so with the added stress of a spouse in prison. We understand that you may have additional questions. If this is the case then we invite you to pick up the phone and give us a call. Talking to people like you is something we do every day, and we’d love to chat with you as well about your particular situation.