If a divorce is imminent, understanding the requirements for the termination of the relationship is crucial. New York doesn’t mandate how long you must be separated from your spouse to get a divorce. However, certain grounds do have associated time requirements. If you are facing a divorce, it’s in your best interest to contact a trusted Suffolk County Divorce Attorney who can help effectively represent your interests and protect your rights during this complex process.
How to File for Divorce in New York?
Before you can file for divorce in the state, you must meet the residency requirements. Essentially, to be eligible to file for divorce in New York, you must satisfy the following criteria:
- Either spouse has continuously lived in the state for at least two years.
- Either spouse has continuously lived in the state for at least one year and they got married in the state, lived in the state as a married couple, or the grounds for the divorce happened within the state.
- Both spouses are residents on the date the divorce is initiated and the grounds for the divorce occurred within the state.
After you have determined that you meet the residency requirements to file for divorce, you must cite the grounds for the divorce. The grounds are the reasons why you wish to dissolve the marriage. In New York, you can file for divorce based on fault or not-fault grounds depending on the unique circumstances of your case. The following are the acceptable reasons for divorce:
- Abandonment
- Adultery
- Cruel and inhuman treatment
- Imprisonment
- Institutionalization
- Irretrievable breakdown of the marriage
- Legal separation agreement
- Judgement of separation
How Long Do I Have to Be Separated to Get a Divorce?
Contrary to popular belief, no law requires those seeking a divorce to be separated for a specific period. Although several states do, couples in New York generally can have their divorce finalized once they settle the terms that will apply to the termination of their marriage, such as child custody, alimony, and property division.
However, under certain circumstances, couples must meet certain requirements regarding their time spent apart to cite specific grounds for the divorce. For instance, if a couple signs a separation agreement, they must live apart for a minimum of one year before filing for divorce. In addition, a spouse who files for divorce based on abandonment must demonstrate that the other spouse has lived outside of the marital home for at least one year. A spouse who wishes to file for a fault-based divorce on grounds of their spouse’s imprisonment must demonstrate that their spouse has been incarcerated for three or more consecutive years after the date of the marriage. To file for a no-fault-based divorce, the marriage must have been broken for at least six months.
As you can see, certain time requirements could affect your divorce. For more infromation, please don’t hesitate to contact a determined attorney from the Law Offices of Susan A. Kassel, who can help you navigate your legal options and fight for the best possible outcome on your behalf.
