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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

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

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

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

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?

Would Incarceration Be Considered Grounds for Divorce?

Marriage is supposed to be “until death do us part,” but what happens when one spouse ends up behind bars? Does being in prison give the other partner legal grounds to file for divorce? It’s a complicated situation with no simple answers. This article will explore the issues and options for divorcing an incarcerated spouse.

How Common Is This Situation?

Unfortunately, having an incarcerated husband or wife is more common than you might think. According to the Prison Policy Initiative, over 1.9 million people are incarcerated in prisons and jails across the U.S. Many of them are married. So it’s no surprise that a significant number of spouses on the outside end up considering divorce after their partner is locked up.

Does Incarceration Count as Grounds for Divorce?

In most states, you can’t file for divorce just because your spouse is in prison. Generally, you need to prove the marriage is “irretrievably broken” due to conflict like abuse, adultery or abandonment. However, some states do allow “no fault” divorces where you don’t have to prove fault or wrongdoing by either spouse.

So while incarceration alone may not be legal grounds for divorce, the circumstances leading to imprisonment often are. For example, domestic violence, drug abuse, or other criminal acts can be valid reasons to claim the marriage is over. The prison sentence is just the final straw.

Special Challenges of Divorcing an Inmate

Trying to get divorced when your spouse is locked up comes with some unique hurdles:

  • Limited contact and communication with your incarcerated partner
  • Difficulty serving divorce papers to someone in prison
  • The inmate’s restricted ability to participate in court proceedings
  • Complications dividing assets and property

These factors can drag out the divorce process, but there are ways to deal with them.

Serving Divorce Papers

To start divorce proceedings, you need to properly notify (or “serve”) your incarcerated spouse with the initial divorce petition and paperwork. There are a few options for accomplishing this:

  • Send the papers via certified mail to the prison
  • Hire a process server to deliver them in person
  • Ask the warden or other prison official to arrange delivery
  • Get permission for a trusted friend or relative to serve the papers

As long as you have proof the inmate received the divorce petition, you’ve cleared this first hurdle.

Participating in Court Hearings

In most cases, an incarcerated spouse has the right to participate in divorce proceedings from prison, either remotely or in person. But security issues can limit their involvement. Options include:

  • Filing documents and motions by mail
  • Attending hearings via phone or videoconference
  • Requesting a court order to be physically brought to hearings (in shackles)
  • Hiring an attorney to represent them in court

If the inmate doesn’t respond to the divorce petition or participate, the case can still proceed without them. But the judge may be reluctant to issue a default judgment unless you show evidence you tried to include your spouse.

Dividing Assets and Debts

Figuring out the division of money, property and debts as part of the divorce can get complicated if one spouse is incarcerated. Some questions that often come up include:

  • How will child support and spousal support be impacted?
  • Who gets the house or other major assets?
  • What happens to assets seized or forfeited as part of a criminal case?
  • Who is responsible for joint debts incurred before the prison sentence?

These financial loose ends may require creative solutions, such as postponing certain property decisions until after the inmate’s release. Consulting a divorce lawyer is wise to protect your rights.

Alternatives to Divorce

For some spouses, formally ending the marriage while their partner is incarcerated seems overly harsh. If you want to keep the relationship intact, consider these options instead of divorce:

Also known as a divorce “from bed and board,” a legal separation lets you live apart without formally divorcing. You can get child support, spousal support and divide property, while remaining legally married. It gives you time to evaluate the future of the relationship.

Postpone the Decision

If you are unsure about getting divorced, you can simply wait. In most states, there is no time limit to file for divorce. Take time to think through your choice, and discuss options with your spouse. Proceeding slowly can be wise.

Stand by Your Partner

For some spouses, divorce is not on the table. They choose to support their husband or wife through the prison sentence, and resume life together when release occurs. This requires hard work to sustain the relationship behind bars.

Marriage and relationships can survive incarceration, but it takes commitment from both people. Don’t rush into divorce without considering all angles.

Consult an Attorney

Navigating divorce when a spouse is in prison is tricky. The laws vary by state. It’s wise to meet with a qualified family law attorney to understand your options and protect your rights. They can guide you through the process and represent you in court.

While having an incarcerated partner adds challenges, it is still possible to move forward with divorce or separation if desired. With proper legal advice, you can make the best choice for your situation.

Despite the barriers, many marriages do survive a prison sentence and couples reunite stronger than before. But incarceration can also damage relationships beyond repair. Consider all factors wisely when deciding if divorce is the right path during this difficult situation.

References

The Prison Policy Initiative

Streets Law

Law for Families

Budget Divorce Center

Dale Bernstein Law

Family Law Attorneys

WikiHow

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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...

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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, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

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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...

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