New York Divorce Requirements: Who Can Get a Divorce in the Big Apple?

DivorceIs your marriage really broken with no hope of reconciliation and the only way out of it is divorce? Before filing for divorce in the State of New York, you must first satisfy the requirements for residency and divorce grounds as stated in the state’s Domestic Relations Law.

Divorce Requirements for Residency in New York

When thinking of filing for divorce in New York, divorceattorneyinlongisland.com says at least one of these requirements for residency must be satisfied:

  • Both parties should have been residing in New York continuously for a period of two years minimum, immediately prior to anyone of you starting the divorce;
  • Both parties should be legal New York residents upon beginning the divorce and living in the state continuously for one year at the least, immediately prior to starting the divorce. Additionally, your wedding ceremony should have been conducted in the state, or you both resided in the state as a married couple.
  • Both parties should have been residing in the state continuously for one year at least, immediately prior to anyone beginning the divorce and your divorce grounds should have occurred in the state.
  • Both parties must be legal New York residents, regardless of the time period, upon beginning the divorce and your divorce grounds should have happened in the state.
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The 7 Acceptable Divorce Grounds in New York

Before filing for divorce, you should have a reason that is considered legally acceptable, commonly called grounds, to be granted a divorce in New York. Below are the seven divorce grounds as stated in the Domestic Relations Law of New York:

  1. No-Fault Divorce – the irreversible failure of marriage for six months at the least
  2. Infidelity
  3. Spousal abandonment
  4. Incarceration
  5. Domestic violence or abuse
  6. Residing apart and separate following a separation agreement
  7. Residing apart and separate following a separation decree or order

If divorce is not an option for you and you don’t want the hassle of gong to court, provided domestic abuse is not an issue, you can instead consider collaborative law or divorce mediation. Both of these divorce alternatives will help you and your spouse resolve your divorce issues with less trauma, stress, and cost.

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