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Requirements to Get a Divorce in New York

Requirements to Get a Divorce in New York

Divorce is not something that most people want to go through, but there are occasions where it is the best option for everyone involved. The first step to ending your marriage if you live in New York is to make sure you meet the state’s requirements to get a divorce.

Residency Requirements

The first thing you need to look at is the residency requirements. To obtain a divorce in New York, you or your spouse must fulfill one of the following:

  • Live continuously in the state for at least two years before the start of proceedings.

  • Have been living in New York state for at least one year at the time of filing for divorce, and one of the following conditions must be met:

    • The marriage ceremony was performed in New York state

    • The spouses lived in New York state as a married couple

  • Either spouse is a resident of New York state at the time of divorce The spouses are residents of New York for at least one year on the day they file for divorce and there are grounds of divorce.

  • If the spouses have resided in New York for less than a year, but the grounds for divorce occurred in New York, they can file for divorce.

  • If the spouses are filing for divorce on grounds of irretrievable breakdown for six months or more, they do not have to have resided in New York for the entire six-month period.

  • The spouses live in New York state on the date of filing for divorce, and the grounds for divorce occurred in New York state.

Grounds for Divorce

If one spouse did something that resulted in the other spouse filing for divorce, it is considered a fault-based divorce. If neither spouse did anything wrong and just want to end their marriage, it is a no-fault divorce.

For spouses filing for divorce, they will need to state their grounds, or legal reasons, for divorce. Here are the legally acceptable grounds for divorce:

  • A complete irretrievable breakdown of the relationship: A “no-fault” divorce can be granted if the marriage has been over for six or more months.

  • Cruel and inhumane treatment: Before granting a divorce on this ground, a judge will determine whether acts by your spouse have put you in physical and mental danger, making it impossible for you to live with them safely.

  • Abandonment: If you file for divorce because of abandonment, your spouse must have been gone for a year or more without any intention of returning. There is also constructive abandonment, in which your spouse refuses to have sex with you.

  • Imprisonment: If your spouse has been in jail for three or more years, you can divorce them.

  • Adultery: You must prove that your spouse was unfaithful to you to get a divorce on these grounds.

  • Living separate and apart pursuant to a separation judgment or decree.

  • Living separate and apart pursuant to a separation agreement.

Hire an Efficient Divorce Attorney

To ensure you meet New York’s divorce requirements and to make sure the process goes smoothly, it is in your best interest to hire a Westchester divorce attorney. The lawyers at Friedman & Friedman are dedicated to providing compassionate and efficient representation during this difficult time.

Call Friedman & Friedman today at (914) 873-4410 to get started on the divorce process.

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