What is divorce?

Divorce is the legal dissolution of a marriage.  Before a court will dissolve of a marriage and issue a final Judgment of Divorce, several legal issues such as child-custody, child-support, distribution of marital assets and debts, spousal support, and grounds for divorce must be resolved.  These issues may be resolved either through negotiation, mediation, arbitration, or litigation.

What are the grounds for divorce in New York?

New York is a “no-fault” divorce state meaning you may divorce your spouse without proving fault.  In order to qualify for a no-fault divorce you must demonstrate that the marriage has been irretrievably broken for the past six (6) months.  Other grounds for divorce include:

1. Abandonment for a year

2. Living Separate & Apart for a year pursuant to a written agreement or judgment

3. Cruel & Inhuman Treatment

4. Adultery

5. Imprisonment for 3 years

Is there a residency requirement for divorce in New York?

Yes.  Domestic Relations Law § 230 requires that spouses satisfy one of the following residency requirements:

1.  The parties were married in New York  and either party is a resident of New York when the action is commenced and has  been  a resident of New York for a continuous period of one year immediately preceding;

2.  The  parties  have  resided  in New York as husband and wife and either party is a resident of New York when the action is commenced and  has been  a  resident  for  a  continuous  period  of  one  year immediately preceding; or

3. The cause occurred in New York  and  either  party  has  been  a resident of New York  for  a  continuous  period  of  at  least  one  year immediately preceding the commencement of the action; or

4. The cause occurred in New York and  both  parties  are  residents at the time of the commencement of the action, or

5.  Either party  has  been  a resident of the state for a continuos period of at least two years immediately preceding the  commencement  of the action.

Once all issues have been resolved, do I need to file documents with the Court?

Yes, you are required to file several documents with the Court before the Court will issue a final Judgment of Divorce and there are fees associated with filing.  You may visit the New York State Court website for more information regard filings and fees.

Need Assistance?

As part of its commitment to assisting divorcing couples, this firm offers a free case evaluation.  You can click the below link to submit your inquiry electronically or you can call us toll free at (877) 631–7919.

Free Case Evaluation
Please note that the sole purpose of the Free Case Evaluation is to assist individuals in determining the divorce option most suitable for their individual needs and interests and that submission of any information through the use of any forms contained on this site does not automatically create an attorney/client relationship.