QUESTION
In New York State I have the option of suing for divorce under the grounds "imprisonment" DRL 170 (3).
Asked on Aug 15th, 2013 on Divorce - New York
More details to this question:
Does the Plaintiff have to be incarcerated for three consecutive years before these grounds can be granted or does he just have to be sentenced to a term of three or more consecutive years? In this case he is sentenced to 15 years and has currently served 1.5 . Thank you.
2 ANSWERS
He has to have served three years. But why use that grounds. 170 (7) solves all your problems.
Answered on Aug 15th, 2013 at 4:11 PM
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As the DRL reads, he must be confined three or more years (consecutive). Because he could get out early and has only served 1.5 years, you aren't there yet. However, why not just file under No Fault (the marriage is irretrievably broken for six months or more -- subsection 7)?
Good luck.
Answered on Aug 15th, 2013 at 3:08 PM