Legal Requirements to Get Divorced
In New York State, there are certain requirements that need to be met in order to begin the divorce process. You can’t just get divorced without any of the necessary requirements met.
First, you will have to meet New York State’s residency requirement. In order to do that, you must prove to the court that you or your spouse have lived in New York for a certain period of time. The residency requirement states that either you or your spouse must have lived in the state of New York for at least one year without interruption. Other options to satisfy this requirement include that you were married in New York, you lived in the state with your spouse together, or that when you file for divorce, you both live in the state. In addition, your reasoning for the divorce must have occurred in the state.
In addition to meeting the residency requirements, you will also have to cite a grounds for divorce, which is just your reasoning for which you want to get divorced. This can include that there has been an irretrievable breakdown of the marriage for at least six months prior to filing for divorce, that there has been cruel treatment, adultery, abandonment, imprisonment, or a separation agreement. Note that the irretrievable breakdown of a relationship is also known as a no-fault divorce.
If you have questions about how you can start the divorce process in New York state, contact an experienced divorce attorney today who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.