LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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(212) 370-1660

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Question #100

 I live on Long Island, NY. I was married in Sept. in New York. I have three children with him. In January of 01, my husband was sent to prison for two years and six months. He was released and went to live with his mother because he did not want to take care of his kids. Two months later, he was sent back to prison for a year. During that time, I filed for a divorce. When he came back out, he was abusive physically and verbally when he realized that I filed for divorce. On two occasions, I called the police, and I have an order of protection against him. He has since come and gone back to jail, and he will be released in 08. Under what grounds could I file since he has not been in prison for three consecutive years? Could I file for just abandonment?

You cannot use the three-year incarceration grounds or the abandonment grounds
since the abandonment was less than one year, but you may try using the “cruel and inhuman treatment ‘ grounds or the No-Fault ground.

Leonard M. Weiner, Esq./Divorce Solutions

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