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What are the basic requirements for a New York divorce?

| Dec 14, 2020 | Firm News

When a marriage is coming to an end in New York, the couple might get caught up in disagreements over property division, child custody, child support, spousal support and other common aspects of a case. This can result in confusion and a lack of attention paid to the basics. From the beginning, it is wise to understand the fundamentals of a New York divorce. That includes residency and the grounds to dissolve the marriage. As with any legal concern, experienced advice can be helpful.

To get a New York divorce, the residency requirement must be met

People who want to get a divorce in New York are required to meet one of the following requirements: One person must have lived in the state for at least two consecutive years; one must have been living in the state for at least one year prior to the beginning of the divorce proceeding and they were married in the state, lived in the state as a married couple, or the grounds to end the marriage occurred in the state; or both parties must be residents of the state when the divorce began and the grounds to get divorced occurred in New York.

What are the grounds for divorce?

New York has a “no-fault” divorce option, but the parties also have the option to give a reason for the decision to divorce. The no-fault divorce stems from the marriage being irretrievably broken. There are requirements including the marriage being over for a minimum of six months and the key parts of the case – property division, child custody and child support – are agreed to without court intervention. Since some divorces are acrimonious and these issues may be in dispute, irretrievable breakdown and no-fault divorce might not be viable.

The other reasons for a divorce are cruel and inhuman treatment with incidents categorized as physically and mentally dangerous occurring in the previous five years; abandonment with one spouse having departed without explanation for at least one year; imprisonment with the spouse having been incarcerated for at least three consecutive years with it starting after the marriage; adultery; and divorce following a legal separation in which the sides came to an agreement and were living apart for a minimum of one year.

Those considering divorce may need experienced legal advice

Getting a divorce is a troubling time emotionally, personally and financially. This can be exacerbated if the case is complicated and there are rampant disagreements. Even if the sides are on friendly terms, it is useful to be legally protected. Consulting with a caring legal professional can provide guidance and advice throughout the process regardless of the situation.