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

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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

Answers:

Barton R. Resnicoff

Answered 9 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.


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