Residency Requirements and Grounds for Divorce
To file for a divorce in New York:
- You must have been married in New York and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or
- You and your spouse must have lived together in New York, and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or
- Your grounds for divorce occurred in New York, and either you or your spouse lived in New York for one year prior to filing for the divorce, or
- Either you or your spouse have lived in New York for two years prior to the filing of the divorce
New York is Now a “No Fault” State;
The Grounds for Divorce in New York Include:
- The marriage has irretrievably broken down for more than six months.
- Your spouse has abandoned you – left the marital home – for at least one year, or
- Your spouse constructively abandoned you, refused to have sexual relations, despite your request, and without cause, for at least one year, or
- Your spouse has treated you so cruelly and inhumanely that it has had a serious effect on your physical or mental health and it’s not safe or proper for the marriage to continue, or
- Your spouse has been imprisoned for at least three years, or
- Your spouse committed adultery, without your encouragement, within the past five years, and you did not have sexual relations with your spouse after learning of the infidelity, or
- You and your spouse have lived apart for at least one year under a written separation agreement or under a court judgment of separation and the spouse seeking the divorce has substantially complied with the terms of the agreement or court judgment.
How Does the Divorce Process Begin?
The legal divorce process begins when one of the spouses files a Summons. The other spouse is then served with the Summons and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties are unable to reach an agreement, the case will proceed through the Court process.
After the Summons has been filed, either party can request temporary assistance from the Court in the form of temporary custody and child support orders, and orders to determine who pays marital debts on a temporary basis.
If you have any questions or would like a free consultation, please contact Michael D. Weinstein.
Michael D. Weinstein, Esq.
Family Law, Divorce Attorney
