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How long does it take to divorce an inmate? and can all fee's and services be waived and what documents are needed to do so?

Brooklyn, NY |

the inmate is housed very far upstate and i live in the city and i would like an immediate fast divorce which i doubt he would agree too.

Attorney Answers 3


  1. Well, you have grounds for divorce because he is incarcerated. He wouldn't have much success in stopping you if you wanted one The issues would revolve more around whether you have any property, the contents of your marital estate? I think you should find an attorney that will charge you a reasonable fee and go from there.


  2. I believe a person has to be incarerated for a certain period of time (perhpas 3 years but I don't recall) before that is a basis for divorce. However, under the new no-fault divorce system you don't need a reason (I think that is correct) so you should contact a matrimonial attorney or speak with the Pro Se Clerk at the Supreme Court in the County where you reside. If he won't agree, fast is not happening. If he does agree, Tom Cruise and Katie Holmes got their divorce finalized yesterday and she only filed in June.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  3. My colleagues are both correct in their assessment that you have grounds. However if you want this fast i recommend the new no fault grounds. Incarcerration would require 3 consecutive years of incarceration to pass before filing. That being said it is unlikely you will be able to file as in pauperism or as an indigent looking for waivers. The court filing fees are approximately 325.00. If he doesn't answer after being served. Which he will have to be served personally by a third party with arrangements through the superintendent at his facility. If he is not in agree,ent he could answer make counterclaims etc. not knowing whatnid any assets you all may have or children I can only tell you what was easy may quickly become complex.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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