Divorce Process in New York | What You Need to Know

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Divorce can be a long and difficult process. As a result, it is important to know what lies ahead. Read on to learn more about New York’s divorce process.

What are New York’s residency requirements?

In order to file for divorce in New York, you must meet one of the following residency requirements:

  • You or your spouse have lived in New York State for at least two years, uninterrupted.
  • You or your spouse have lived in NYS in the year before the divorce case and you either were married in New York, lived in the state as a married couple, or the grounds for divorce occurred within state lines.
  • Both spouses are NYS residents on the day of filing.

Grounds for divorce in New York:

To begin the process, you will need to cite grounds for your divorce. Grounds refer to the legal reason the divorce is occurring. New York is a no-fault state, meaning you can cite irretrievable breakdown for a period of 6 months or more. Most couples choose to cite irretrievable breakdown as it often makes the divorce process simpler, however, you can also cite any of the following fault grounds:

  • Adultery
  • Imprisonment
  • Cruel and inhuman treatment
  • Abandonment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

What is the divorce process?

New York’s divorce process may differ depending on the method you choose. For example, some couples divorce through the court, while others opt for alternative methods of divorce. However, a general overview of the process may involve:

  • Filing a complaint for divorce
    • In this document, you will cite the grounds for divorce and request any relief you may need, such as child support, child custody, spousal maintenance, legal fees, etc.
  • Discovery
    • During this process, parties will exchange information with each other and with the court in order to paint a clear picture of the financial situation of the couple.
  • Compliance conference
    • This is a conference to ensure that both parties have the necessary information and resources to move forward with the process.
  • Potential Trial
    • Some couples do not go to trial and instead resolve matters of their divorce outside of court. This can occur through mediation or other alternative methods, such as arbitration or collaborative divorce. If this is not possible, a divorce may be litigated. Litigation involves a judge making decisions on your behalf regarding your divorce.
  • Finalization
    • Once all outstanding matters are resolved, your divorce can be finalized with a Judgment of Divorce. This document will include the terms of the divorce.

If you are getting divorced in New York, it is important to work with the right attorney. Contact our firm today to discuss your case.


If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.

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