While a marriage is a lifelong partnership, some obstacles are insurmountable. If your spouse is in jail and you have been pushed to your breaking point, you may be considering getting a divorce. However, you may not be sure how to proceed. If this reflects your circumstances, it’s in your best interest to contact an experienced Garden City Divorce Lawyer who can help you understand your rights and options.
Can I File for Divorce if My Spouse is in Jail?
The first thing that’s worth noting is New York is a no-fault state. This means neither party has to provide evidence of wrongdoing by the other to obtain a divorce. However, they are required to cite the grounds for the dissolution of the marriage. The most common grounds include irreconcilable differences, adultery, cruel and inhuman treatment, abandonment, and imprisonment. It’s important to understand that spouses can file on fault-based grounds. If you choose to file on fault-based grounds, you must provide evidence that your spouse has caused the breakdown of your marriage. Therefore, you can cite your spouse’s imprisonment as grounds for divorce if they have been in jail for three or more years. The incarceration must have commenced after the date of the marriage.
If you decide to divorce your incarcerated spouse, you will have to serve them divorce papers. Serving divorce papers is more complicated when a spouse is incarcerated, as you must follow specific procedures and rules. Generally, you will have to arrange for service. Contact the prison and ask about their particular requirements. After the divorce papers are served, you will need to wait for a response from your spouse. Inmates have a right to retain legal counsel and participate in divorce proceedings.
How Does Incarceration Impact Child Custody Decisions in NY?
If you and your spouse cannot agree on the terms that will apply to the termination of your marriage, a judge will decide for you. While inmates can have a say in child custody decisions, their ability to participate in the process will likely be limited. When determining a custody arrangement, the court will consider the child’s best interests. This means they will consider various factors, including the child’s needs, each parent’s ability to provide for the child, and the child’s relationship with each parent. That said, a judge will not award custody to a parent behind bars.
If your spouse is in jail and you are seeking a divorce, please don’t hesitate to contact a compassionate Garden City divorce lawyer who can help guide you through this process and safeguard your rights. At the Law Offices of Eyal Talassazan, P.C., we understand how complex these matters can be. Contact our firm today to discuss your case.
