What are the requirements to file for divorce?

What are the requirements to file for divorce?

New York State has certain requirements put in place for a couple when they make the decision that they want to get divorced. Divorce is not a quick process. There are many steps and you need to prove to the court that your marriage is in true disrepair. You have to meet certain legal requirements in order to begin the divorce process.

First, it is important that you meet the state residency requirements if you would like to get divorced in New York. You will be required to prove to the state that either you and/or your spouse were residents of the state for a minimum of one year, consecutively. In addition, you will be required to prove that you have a valid reason for wanting to end your marriage. These reasons are referred to as grounds for divorce. The most common grounds for divorce is known as the irretrievable breakdown of the marriage for a minimum of 6 months prior to filing for divorce. Other reasons may include cruel treatment, abandonment, separate living situations, or adultery.

Once you have met these qualifications, you may begin the divorce proceedings. This starts with serving your spouse with a summons for divorce. You will have to personally serve them the summons papers. If you cannot locate your spouse, you may have to obtain assistance through the state. Additionally, you will have to decide which type of divorce you would like to obtain, whether it takes place in or out of court. It is also wise to retain the services of an attorney. If you have questions about the divorce process in New York State, an experienced divorce attorney 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. 

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