Every divorce case is unique, but there are general steps that provide a framework for the process. If you are considering divorce or have been served with divorce papers, it is essential to have experienced legal counsel by your side, so that your rights are protected and you are guided through the process with minimal anxiety.
New York Divorce Requirements
There are two requirements you must meet to file for divorce in New York: residency and valid grounds.
Residency Requirements
Where you lived during your marriage can affect your eligibility. You or your spouse must satisfy one of the following:
- You or your spouse has resided in New York continuously for at least two years before initiating divorce proceedings.
- You or your spouse has resided in New York continuously for at least one year before filing, and the marriage occurred in New York, or you both lived in New York as a married couple, or the grounds for divorce occurred in New York.
- You and your spouse were New York State residents when the divorce was filed and the grounds for the divorce occurred within the state.
Grounds for Divorce
New York allows both no-fault and fault-based divorce. A no-fault divorce is generally quicker and less expensive: neither spouse is blamed, and it is sufficient to demonstrate that the marriage has been irretrievably broken for at least six months.
A fault-based divorce applies when one spouse alleges that the other’s misconduct led to the dissolution of the marriage. New York recognizes several grounds:
- Cruel and inhuman treatment within the last five years of the marriage
- Abandonment by one spouse for one year or more, whether physical or constructive
- Incarceration of one spouse for three years or more, beginning after the marriage; a claim may be filed for up to five years after release
- Adultery during the marriage
- Signing and filing a valid separation agreement, or obtaining a judgment of separation, and then living separately for one year
The Divorce Process in New York
In uncontested cases the process is relatively straightforward, and quicker and less complex than a contested or fault-based divorce. Both parties must cooperate and resolve child-related and financial matters without the need for a trial.
If the case is contested, settlement discussions and possibly mediation may be needed. If those do not produce an agreement, the case will go to trial.
How a Divorce Attorney Can Help
A divorce attorney helps you navigate the legal process. Key advantages include:
- Legal expertise. Divorce lawyers understand New York’s matrimonial laws. That knowledge enables you to make informed decisions efficiently, and your attorney will assist in gathering and submitting the required documentation.
- Protecting your interests. Divorce is emotionally challenging, and it is easy to lose sight of long-term consequences. Your attorney safeguards your rights and helps resolve complex issues such as property division, debt repayment, child custody and support, spousal support and orders of protection.
- Fair representation. Divorce can make you vulnerable to rash decisions that jeopardize your future. An attorney helps you base decisions on facts and your circumstances rather than on emotion.