When spouses call it quits on their marriage, they have varying reasons to do so. In New York state, the courts require spouses to cite a divorce reason out of the seven grounds stated in the law. Additionally, the state mandates them to meet the residency requirement before seeking the dissolution of their union.
No-fault reasons
No-fault divorces do not require spouses to prove the wrongdoings of their other halves. Among the accepted divorce grounds is the irretrievable breakdown of the marriage for a minimum of six months. Spouses who cite this reason should have settled their debts, property division, custody and child support.
Other no-fault divorces involve the spouses living apart for at least one year. These are the divorces following a judgment of separation or after a legal separation agreement.
Fault-based grounds
On the other hand, spouses who file for fault divorces need to provide sound evidence. For adultery, the courts require evidence to come from someone other than the spouses. As for physical or sexual abandonment, it should have happened for a minimum of one year.
Inhuman and cruel treatment is another valid ground if the cruelty happened in the last five years. In addition, the cruel acts should pose mental or physical danger, making it unsafe for spouses to continue living together. Lastly, imprisonment of a spouse is another reason if it occurred for at least three years after the marriage.
Residency essentials
Meanwhile, the residency requirement states that both spouses should be living in New York state on the day the divorce began. Also, their grounds for divorce should have taken place in the state.
Another option requires that at least one spouse has lived in the state for a minimum of two years before the divorce. Finally, the third option calls for the one-year residency of at least one spouse before the divorce, plus at least one of these took place in the state: their marriage, the couple’s residency or their grounds for divorce.
Dissolving the marriage
Seeking the end of your marriage is usually a challenging process, especially when it involves high emotions. With legal guidance, you may go through your divorce with more ease and self-assurance as you prepare to start over in life.