Frequently Asked Questions (FAQ)
What are “grounds for divorce”?
In New York, spouses may not file for a “no fault” divorce. There must be grounds for a divorce. These grounds include: adultery, abandonment for one or more years, cruel and inhuman treatment, imprisonment for three or more years and one year of living apart by means of a separation agreement.
Can’t I file for divorce on the basis of “irreconcilable differences” or simply because my spouse and I no longer want to be together?
No. New York law does not allow for a divorce to be filed on the basis of “irreconcilable differences”, unlike some other states. However, if you and your spouse want to divorce, you may be able to execute a separation agreement and then file for divorce one year following the date of that agreement, provided that you followed the terms of the agreement.
What is a separation agreement?
A separation agreement is obtained through a court judgment or is agreed upon by both parties wanting to legally separate. It is similar to a divorce in that issues such as child custody, visitation, child support, maintenance and property division will need to be worked out. In some cases, a separation agreement may be used to dictate the terms of a divorce as well.
Can I represent myself?
Yes. You can represent yourself if you choose to do so, but divorce law is complex and thus it is recommended that you hire professional representation. The outcome of your divorce or separation will greatly affect your life for years to come. If you try to represent yourself and do not fully understand the law or what you can do to protect your interests, you may stand to lose everything.
If I was married in another state, can I still get divorced in New York?
There are specific time restrictions involved if you were married in another state and wish to commence your divorce action in New York. Generally speaking, you or your spouse must have been a resident of New York for a continuous period of two years prior to filing for divorce. However, if the grounds for divorce occurred in New York and you and your spouse were both residents at the time of the commencement of the divorce or separation, you may file for divorce at that time. There are other options as well, so it is best to discuss this with your lawyer.
How long will it take to get divorced?
Depending upon your particular case, it may take anywhere from 30 days (for an uncontested divorce) to up to 1 to 3 years (for a complex, contested divorce).
Contact Long Island divorce lawyer Sari M. Friedman today and have your divorce questions answered by an experienced attorney.