Reyes v. Reyes
Supreme Court of Bronx County, New York
891 N.Y.S.2d 222 (2009)
Relevant factsFree
Francisco Reyes (defendant) was already in prison when Maria Reyes (plaintiff) married him, and remained incarcerated when she filed for divorce seven years later on grounds of imprisonment. A family court referee had rejected her petition, reasoning that New York's incarceration divorce ground required the marriage to predate the imprisonment. The family-court judge reconsidered that ruling.
IssueFree
Whether jurisdictions may permit a spouse to divorce on grounds of imprisonment even when the other spouse was already incarcerated at the time of the marriage.