What Legal Requirements Do I Need to Meet to File for Divorce in New York?
In New York, you can file for divorce if you have the proper grounds and meet the residency requirements. It is suggested you find a knowledgeable divorce attorney to assist you through the process as the requirements can become complex based on your specific situation.
What are residency requirements?
The court allows you to file for divorce depending on how long you or your spouse has lived in a certain state. In New York, you may file for divorce if you or your spouse has lived in the state for a least a year, or you got married in New York and one spouse has been a resident for at least a year. Hiring a divorce attorney at this time would help you to go over the residency policy and asses your situation to see if you meet the requirements. A lawyer will also help if you decide to:
- File out of the state you reside in or were married in
- File after your spouse has moved to another country
- File if you cannot find your spouse or do not know his or her current residency
At Martin J. Rosen, P.C, we have been handling divorce law for more than 40 years. Our highly professional team will be able to inform you of the specific residency requirements and get you started.
What are grounds for divorce?
“Grounds,” or legally appropriate reasons for divorce, are separated into “no fault” and “fault.”
In the state of New York, “no fault” grounds are considered if the marriage has deteriorated for six or more months. You must be able to prove that your marriage with your spouse has completely broken down and is irreparable.
Fault based grounds include:
- Abandonment. Your spouse willingly abandoned you for one or more years.
- Adultery. The act of your spouse having a sexual relationship with another person.
- Constructive abandonment. Your spouse has withheld sex from you for a year or more without suffering a physical or psychological condition that would prevent them from such.
- Cruel and inhuman treatment. Your spouse has been emotionally, physically or verbally abusive.
- Three consecutive years of imprisonment. Your spouse has been incarcerated for three or more years.
When it comes to determining grounds for divorce, hiring an attorney is beneficial. An experienced attorney can help you decide which ground is best suited to your situation.
Do I need a lawyer?
It’s in your best interest to hire an attorney with a vast amount of knowledge to guide you through the requirements needed for divorce. Contact Martin J. Rosen, P.C today for a consultation.