Residency Requirement
Divorce cases in New York State must first satisfy the residency requirement. The court can establish jurisdiction if:
- One or both parties have lived in the state without interruption for at least two years
- One or both parties have lived in the state in the year before the divorce case and the couple either got married in NY, lived in NY as a married couple, or the grounds for divorce happened in NY.
- Both are residents on the day of filing for divorce
Grounds for Divorce
In October of 2010, the state of New York became the 50th state in the United States to enact no-fault divorce. Under this law, you may obtain a no-fault divorce when you cite an irretrievable breakdown in the relationship for at least 6 months. Essentially, a no-fault divorce entails that the spouse pursuing a divorce does not have to prove grounds for the divorce. Each spouse can request that their marriage dissolves simply because that is what they desire. With that in mind, it is still one’s right to file fault grounds. If you are seeking a fault-based divorce, the legal proceedings will be expedited and you must prove one of the following:
- Adultery
- Extreme cruelty
- Abandonment for at least one year
- Institutionalization
- Imprisonment
Trusted legal guidance every step of the way
After you have filed a complaint, your spouse will have 35 days to respond. The moment you enlist our assistance, we will perform a thorough review of your case to help us establish a personalized plan of action that suits the needs of you and your family. We will help you identify all of your marital property and build a proposal that states your child support or spousal maintenance.
Contact an experienced divorce attorney
The divorce process can be complex and we understand that you are likely facing many questions and concerns about your rights, assets, and future. When you work with our firm, we can address all of your concerns and answer all of your questions in order to help you obtain the peace of mind you deserve. Whether you are facing a contested divorce or an uncontested divorce, we are here for you when you need us most. As our client, you receive the compassionate service and aggressive representation you deserve. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.
