Garner v. Garner

The plaintiff wife has instituted an action for divorce on the ground that her husband, the defendant, has been confined in prison for a period of three or more •consecutive years after their marriage (Domestic Relations Law, § 170, ¡subd. [3]). Defendant, a convicted felon, is presently serving a .sentence of 15 to 20 years in Clinton Prison for robbery, and has served more than three consecutive years of said sentence. There has been mailed to the court, by the defendant, an affidavit entitled “ Opposition to an Action for a Divorce.” The court will consider the affidavit as an answer to…