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Requirements for Divorce in New York

Couples who are ready to end their marriage surely wish that moving out and moving on was all it took. However, in the eyes of a law, a marriage is not legally terminated until a couple goes through an official proceeding for dissolving their marriage. If you are considering filing for divorce in New York, here’s what you need to know about the requirements for doing so--

Residency Requirements for Filing for Divorce

The most basic part of filing for a divorce in New York State is ensuring that you meet the residency requirements for doing so. In order to meet the residency requirements for filing divorce in New York, one of the following must be true:

  1. You and your spouse were residents of NY on the day that your divorce proceedings began, and the grounds for your divorce happened in New York;
  2. You got married in New York or you lived in New York as a married couple or the grounds for divorce occurred in New York and you or your spouse have been living in New York continuously for at least one year;
  3. You or your spouse have been living in New York continuously for at least two years before the divorce case starts.

If one of the above situations does not apply to you, you will need to wait until you have obtained residency before filing a petition for divorce.

Grounds for Divorce

In addition to proving residency in order to file for divorce, you will also need to prove grounds for divorce. There are seven different grounds for divorce in New York:

  1. Divorce after obtaining a legal separation agreement and living apart for a time period of not less than one year;
  2. Adultery;
  3. Imprisonment (for at least three consecutive years);
  4. Cruel and inhumane treatment;
  5. Abandonment;
  6. Divorce after judgement of separation; and
  7. Irretrievable breakdown of the marriage.

The latter grounds for divorce--irretrievable breakdown of the marriage--is the most common grounds for divorce in New York. This is a legally acceptable grounds when the marriage has been unsalvageable for a period of at least six months.

Filing Fee and Serving Divorce Papers

Finally, the last two requirements for filing for divorce are: 1) paying the filing fee, which is $210, and 2) ensuring that your spouse is served your summons and complaint.

Our Law Firm Can Help

If you are thinking about filing for divorce in New York, it important that you understand all steps in the process in order to avoid a costly error. At the firm of the Bombardo Law Office, P.C., our diligent New York divorce attorney is here to guide you. Contact us today to schedule your consultation and learn more.

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