Brooklyn, NY – There are some requirements that must be met for a divorce to be formally filed and completed in New York. These focus on residency and meeting grounds for either a fault based or no fault divorce.
State residency requirements for a divorce
The first set of requirements is related to residency. This is meant to ensure that the couple has sufficient ties to the state of New York before they utilize the family court system to end their marriage. There are essentially three different ways that this can be met under state law. The first way is if one or both spouses have been continuously living in New York for at least two years prior to filing the divorce case. This requirement can be reduced to one year prior if the couple was married in New York state, the couple lived in New York together for the prior year while married, or the grounds for the divorce happened in New York. The third and final way to meet the residency requirement is if both members of the couple lived in New York as residents on the day the divorce started, and the grounds for divorce happened in New York as well.
Grounds for a divorce
There are technically seven different legally acceptable grounds for divorces in New York. The first of these grounds is a breakdown of the marriage, also known as no fault divorce. This means that the couple believes that the marriage has been broken for at least 6 months for any reason, and it cannot be fixed. No fault divorce in New York generally requires the couple to make an agreement regarding property division and child custody, so that these issues can be resolved without litigation.
The second possible ground to end the marriage is a fault based ground. One spouse must show some kind of cruel and inhuman treatment, and the conduct must be serious enough that there is the possibility of physical and psychological danger. By demonstrating these facts, the couple cannot live together safely anymore, and the marriage must be ended.
Another ground that is fault based and can be used to end the marriage is abandonment. This means that one spouse has essentially left or disappeared for one year or more.
The fourth ground for ending a marriage is imprisonment. This requirement must be met by showing that one spouse is in prison for 3 years or more.
Adultery is another important fault based ground that can be used to end a marriage. However, this ground has been very difficult to prove, because evidence from someone other than the two spouses is required to prove adultery.
Speaking with a local divorce attorney
There are local lawyers who can assist with the process to bring a divorce lawsuit. Elliot Green Law Offices is available to discuss divorces and related matters with local clients in Brooklyn.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201