Q: My husband has been in and out of jail drug court through the past year and half. I would like to file divorce but do I have to wait a year to file or 6 months? We have been separated since last year September. We have a child and there are no custody issues as he can not see his son, and I am not asking for child support.
A: The only thing you need to say in the divorce papers is that the marriage has broken down irretrievably for at least the last 6 months. To serve him, you need to give him the papers via the Warden. Schedule a consult with a Westchester Divorce attorney for a full assessment.