Reyes v. Reyes

891 N.Y.S.2d 222 (2009)

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Reyes v. Reyes

New York Supreme Court
891 N.Y.S.2d 222 (2009)

  • Written by Rose VanHofwegen, JD

Facts

Francisco Reyes (defendant) was in prison both when Maria Reyes (plaintiff) married him and when she filed for divorce seven years later. Maria served Francisco with the divorce papers in prison, but he did not respond. A family court referee rejected Maria’s divorce petition, reasoning that the New York divorce statute allowing divorce on incarceration grounds required marriage to have occurred before the incarceration. The family-court judge reconsidered the referee’s decision.

Rule of Law

Issue

Holding and Reasoning (Globerman, J.)

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Casebooks

Family Law

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