Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Would incarceration be considered grounds for divorce?

By Spodek Law Group | July 27, 2023
(Last Updated On: August 1, 2023)

Last Updated on: 1st August 2023, 12:41 am

A spouse being incarcerated can put tremendous strain on a relationship. For many people, a spouse being sentenced to a long jail or prison term is a deal-breaker for the marriage. Many states recognize the damage incarceration can do to a marriage and make it easier to get a divorce when a spouse is sentenced to prison. Incarceration is considered legal grounds for divorce in most states, including New York, although the process of getting divorced from someone in prison is usually the same as any other divorce.

What Does Grounds for Divorce Mean?
Today, all states have some type of no fault divorce, which means a divorce can be granted on the grounds of incompatibility, separation, or something else without holding one spouse responsible for the marriage failing. The spouse who files for divorce can also cite specific grounds for divorce, which essentially places the blame on the other spouse. Common grounds for divorce include:

  • Irretrievable breakdown in the relationship. This is considered a “no fault” divorce.
  • Incarceration. Incarceration is a ground for divorce in most states, including Texas, New Jersey, New York, and Pennsylvania. Each state has its own rules for when incarceration can be used as grounds for divorce, however, and the length of incarceration required for divorce on this ground ranges from 1-3 years. In New York, incarceration can only be considered grounds for divorce if the other spouse has been imprisoned for at least 3 years prior to filing for divorce. If three years of confinement have not passed, the other spouse can choose to file for a no-fault divorce. In many other states, a felony conviction and a sentence of incarceration of more than 12 months is considered grounds for divorce.
  • Abandonment. In most cases, the spouse must have been abandoned for at least 1 year. Examples of abandonment include a spouse leaving the home with no intention of returning or refusing to have sex with the other spouse.
  • Cruel and inhumane treatment. This refers to physical violence, severe emotional or mental suffering, or a situation in which it would be dangerous, improper, or unsafe for the spouse to remain married.
  • Adultery. This type of grounds is hard to prove as it requires proving adultery with evidence that does not come from either spouse, such as video or digital evidence.
  • Separation. Most states require a separation of a specific period before it can be used as grounds for divorce.

Will a Spouse Being in Prison Prevent a Divorce?
Divorcing a spouse who is incarcerated is basically the same as any other divorce, although there are a few unique aspects. A spouse in prison still has rights, especially when children or property are involved in a divorce. The spouse will also be required to respond to the paperwork or you will need to wait the minimum amount of time — typically 30 to 60 days — before the divorce can proceed. Someone who is incarcerated may also have the right to a court-appointed lawyer. There will be a hearing after you file paperwork, but it’s unlikely your spouse will be allowed out of jail or prison to attend the court hearing.

What Happens if My Spouse Refuses to Sign?
When you file for divorce, you must serve your spouse with paperwork. This can be done through the local sheriff’s department of by sending it via certified mail, in most cases. If your spouse agrees to the divorce and signs, the divorce process will begin as any other no fault divorce, except your spouse will not attend any divorce hearings. Instead, your spouse’s attorney (if they have one) will attend on their behalf. If your spouse contests the divorce or refuses to sign the papers, it extends the process. Most states have a time period of 30 to 60 days during which the spouse has the opportunity to respond. If your spouse does not respond to the papers, you can request a default judgment in some states. Otherwise, your divorce can become quite complicated and it may be best to hire an experienced divorce attorney for representation and to assist with negotiation or mediation.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!