Question #100: I live in Long Island, NY. I was married in Sept. 00 in New york. I have 3 children with him. In january of 01 my husband was sent to prison for 2 years and 6 months. He was released and went to live with his mother because he did not want to take care of his kids. 2 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 2 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 jail for consecutive 3 years? Could I file for just abandonment?

You cannot use the 3 year incarceration grounds, or the abandonment grounds ,

since the abandonment was les than 1 year,

but you may try using the “cruel and inhuman treatment ‘ grounds

since you claim he is both physically and verbally abusive.

Leonard M. Weiner, Esq./Divorce Solutions