If you wish to get a divorce in New York, you must first understand the legal requirements and whether or not you meet the criteria. Continue reading and work with a knowledgeable Suffolk County divorce attorney for representation and legal advice.
What Are the Legal Requirements to Get a Divorce in NY?
Although every case is different, there are generally two important legal requirements that must be met before an individual can file for divorce in New York. These requirements include a residency requirement and valid grounds for terminating the marriage.
If you and your spouse live in New York or otherwise meet the residency requirement and you have a legally acceptable reason for ending your marriage, you can file for divorce in NY.
What is New York’s Residency Requirement?
One of the most important yet often overlooked requirements for divorce is the residency requirement. You and your spouse can meet the NY residency requirement in a few ways.
- Either you or your spouse have been continuously living in New York for at least 2 years before filing for divorce
- Either you or your spouse have been continuously living in New York for at least 1 year before filing for divorce AND you either got married in New York, lived in NY as a married couple, or the grounds for your divorce happened in New York
- Both you and your spouse live in New York on the day you file for divorce AND the grounds for your divorce happened in NY
If you and your spouse have lived together in New York for many years then residency will not be an issue. However, depending on your circumstances it is important to understand whether or not you can file for divorce in NY based on where both of you live and for how long.
What Are Valid Grounds for Divorce in NY?
In order to file for divorce there must be a valid and legally accepted reason for terminating your marriage. There are both fault-based and no-fault grounds for divorce that may apply to your situation.
Below are the seven legally acceptable reasons for divorce in New York.
- Irretrievable breakdown of the marriage: Your relationship has been irrevocably broken for at least 6 months
- Adultery: Your spouse cheated on you during the marriage
- Cruel and inhuman treatment: Your spouse committed acts of cruelty that put you in physical or mental danger
- Abandonment: Your spouse deserted you and the marital home for at least 1 year
- Incarceration: Your spouse has been imprisoned for 3 years or longer and was incarcerated after the marriage
- Separation agreement: You and your spouse signed a separation agreement and lived apart for 1 year
- Judgment of separation: The court issued a Judgement of Separation and you and your spouse lived apart, following the terms of the decree for at least 1 year
If any of the above applies to your relationship, you can file for divorce in New York. For more information, contact an attorney at Peter V. Mandi & Associates, Inc. and set up your free consultation today.
