Imprisonment
If a spouse is confined to prison for at least three years the other spouse can bring an action for divorce on this ground. A divorce on this ground will not happen automatically; instead the non-incarcerated spouse must bring a suit for divorce. The imprisoned spouse cannot request the divorce on this basis.
In New York this ground for divorce is available on the date the spouse completes his or her third year in prison. Time spend in custody prior to his or her prison term as well as time spent in a hospital operated by the Department of Correctional Services may also be included in the three years. One may wait until after their spouse is released from prison to bring an action on this basis. New York’s five-year statute of limitations does not begin to run until after the spouse is released from prison. Thus, a divorce on this basis must be brought within five-years of the spouses release from prison.
