Can I get a divorce without my husband’s approval?

UPDATED: Mar 4, 2012

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Can I get a divorce without my husband’s approval?

My husband and I were married 2 weeks before he became incarcerated and he has been in prison for more than 2 years now. There has been physical and psychological abuse before we were married and just psychological abuse during the marriage until now, since he’s been in prison. I decided that I cannot deal with the abuse anymore and I want a divorce. We have never lived together. We do not need anything to be settled just an actual divorce. What action should I take, as my situation is an unusual one?

Asked on March 4, 2012 under Family Law, New York


Barton R. Resnicoff

Answered 11 years ago | Contributor

Since October, 2010, we have had no fault divorce in NY.  Have you been married for more than 6 months from today's date?  If so, you can obtain a no-fault divorce.  If the marriage is shorter than 6 months, you can still terminated, just requiring another basis to do so.  You should consult with an attorney to determine the best and quickest way to proceed to end the marriage and let you get on with your life.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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