Understanding New York Divorce Laws

Each state has its own laws governing divorce. Spouses who want to end their marriage should educate themselves on their state’s unique laws to ensure their divorce process is a swift one. Get the facts on New York divorce laws to learn how to file for divorce in this state.

Divorce Requirements

Like most states, New York requires individuals to establish residency before they can file for divorce. The general standard for most divorces in New York is at least one year of residency prior to the date of filing for divorce. Additionally, spouses must meetat least one of the following standards in order to qualify for a divorce in this state:

  • The marriage ceremony took place in New York State and at least one spouse was a resident at the time for at least one year before the divorce was filed.

  • The married couple was living together—with at least one of them being a resident—in New York for at least a complete year prior to the divorce filing.

  • The reason for the divorce filings took place in New York and both spouses were New York residents at the time.

  • If the spouses were not married in New York and never lived as spouses in the state, one spouse must have at one time been a resident of New York as well have lived there for at least two years before the divorce.

Grounds for Divorce

Prior to 2010, New York was a fault-based divorce state, which means that one spouse files a divorce suit against the other party alleging one of four specific grounds that would justify a divorce under state law. Now, New York is a no-fault divorce state, which means one spouse can file for divorce without having to allege fault.

When filing for divorce, spouses can choose to pursue a fault-based or no-fault divorce. The following are valid grounds for an at-fault divorce:

  • Cruel and inhumane treatment

  • Abandonment

  • Imprisonment

  • Adultery

  • Separation

  • Irretrievable breakdown of the marriage

Considering a Divorce? Contact a Qualified Family Law Attorney

Making the decision to end your marriage is a life-changing decision that should not be taken lightly. Divorce law is complex, and it’s in the best interest of all parties involved to contact an experienced family law attorney to guide them through the process.

At Eiges & Orgel, we have over 60 years of collective experience ready to work for you. We take great care to provide high-quality representation to those who need it most, no matter the circumstances of their case.

Contact Eiges & Orgel, PLLC at (347) 848-1850 for a consultation with our team today.

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