In order to file for
divorce in New York, you have to meet a residency requirement, have a grounds
for (reason for) the divorce, and get the right legal paperwork. As for
the residency requirement, there are four different ways to fulfill this.
One is that one of you has been living in New York for a minimum of two
years straight. Or you could both become residents of New York by the
day you file for the divorce, and the grounds for your divorce happened
in New York. Another option is that you have both been living in New York
for at least one continuous year and the grounds for your divorce was
in New York. Finally, you could have married in New York or lived as a
married couple in New York, and at least one of you has lived for the
past year in New York.
In New York, you could have a fault-based reason (grounds) for divorce,
or you could also file for a no-fault divorce. If you need to file for
a divorce because of "marital misconduct", then this would be
filing for a fault-based divorce. The grounds for this type of divorce
include: cruel and inhuman treatment, abandonment, imprisonment, and adultery.
Another legal reason for a fault divorce is that a couple has lived apart
from one another under a
legal separation agreement or a court-ordered separation.
To get a no-fault divorce, all that is necessary is to say that there has
been an "irretrievable breakdown of the relationship" for at
least the past six months. A no-fault divorce requires the person who
initiated the divorce (the plaintiff) to swear under oath that this breakdown
has occurred. Then both the plaintiff and the defendant would need to
reach an agreement on matters such as finances and
custody in order for a judge to approve the divorce.
To actually initiate the divorce, then the plaintiff spouse needs to file a
Summons with Notice or a Summons and Verified Complaint. If the defendant spouse agrees to file for the divorce, then the plaintiff
could give him or her an Affidavit of the Defendant to fill out. Once
the defendant spouse has finished and submitted this paperwork, then an
uncontested divorce could ensue.
If you have questions about getting a divorce in New York, or if you are
looking for the legal counsel you need to navigate this complex and vital process,
contact the Meyers Law Group, P.C. An experienced Long Island divorce lawyer from our firm has the dedication
and skill you deserve to have on your side. Learn how we may be able to
help you achieve as swift and painless a divorce as possible when you
call us today!