If you are getting divorced, you may have a lot of questions. This is normal, and knowing what to expect can help put your mind at ease. Read on to learn more about some of the basics of divorce in New York.
Residency requirements:
Couples filing for divorce in New York must meet the necessary residency requirements. In order to qualify for a divorce, you must meet one of the following criteria:
- you and/or your spouse must have lived in New York State for at least 2 years, continuously
- you and/or your spouse must have lived in New York State for at least one year prior to the divorce case, AND (1) you were either married in New York State, (2) lived in New York as a married couple, or (3) the grounds for your divorce happened in New York
- you and your spouse are residents of New York State on the day the divorce commenced and the reason for divorce occurred in New York State
Grounds for divorce:
After determining your eligibility for a NY divorce, you will have to cite grounds. Grounds refer to the legal reason that the divorce is occurring. You can cite fault grounds, including:
- Adultery
- Abandonment for a minimum of one year
- Extreme cruelty
- Imprisonment
- Institutionalization
However, New York is a no-fault state. This means you can cite an irretrievable breakdown of a marriage for more than 6 months. Citing an irretrievable breakdown simply means that the marriage no longer works and is beyond repair. Many couples choose this route, as it can make the process simpler. For example, if you file on fault grounds, you will have to provide proof to back up your claims.
What is determined during a divorce?
You and your spouse will need to settle a number of outstanding matters before your divorce can be finalzied. These matters may include:
- Child support
- Child custody
- Alimony
- Division of assets
Methods of divorce:
When it comes to settling the matters mentioned above, you have various options. You can settle your divorce through the court through the method of litigation. However, many couples choose to settle their divorces outside of the court, through an alternative method of divorce, such as mediation.
Finalizing your divorce:
Once all outstanding matters are settled, your divorce can be finalized. If you or your spouse are unhappy with the terms of your divorce, you may be able to file an appeal with the help of a divorce attorney.
If you are getting divorced in New York, our firm is here to help. Reach out today to discuss your case with a skilled attorney.
CONTACT OUR FIRM
If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
