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IMPRISONMENT
An action for divorce may be maintained where the Defendant is imprisoned for a period of at least three
consecutive years. The imprisonment must have commenced after the date of the marriage and the Defendant must
still be in prison when this divorce is commenced.
There is a "five (5) year time limit to start the action", beginning from the time of the completion of the third year
of imprisonment.
Note: All information referenced above and/or duplicated within this page, is directly from the New York State Unified
Court System booklet (and described in the New York Domestic Relations Law §170).
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