Regardless of whether you have simply drifted apart or something specific happens that makes you ready to file for divorce, you may be unsure of how to initiate the legal process. If you are ready to dissolve your marriage, understanding the first steps you must take in the divorce process is important to avoid making mistakes that could jeopardize your future. Please continue reading to learn the first step in the divorce process in New York and how a trusted Suffolk County Divorce & Separation Attorney can help guide you through these complex matters.
Are There Any Requirements for Getting Divorced in New York?
Before you can initiate the divorce process in New York, it’s important to understand that you must meet certain prerequisites. To be legally entitled to file for divorce in the state, you must first satisfy the residency requirements. The court can establish jurisdiction in the following scenarios:
- One or both spouses have lived in the state without interruption for at least two years.
- One or both spouses have lived in the state in the year before filing for divorce and the couple either got married in New York, lived in New York as a married couple, or the grounds for the divorce happened in New York.
- Both spouses are residents on the day of filing for divorce.
In addition to meeting the residency requirements in New York, you must determine whether you wish to file a contested or uncontested divorce. It’s important to understand that you must cite the “grounds” or the legally acceptable reasons for ending the marriage. Contrary to popular belief, New York allows no-fault divorces, which provides a legal pathway for those who wish to get a divorce that avoids issues before even getting into the process. With a no-fault divorce, neither spouse blames the other for being responsible for the end of the marriage. Instead, a judge may grant a no-fault divorce based on irreconcilable differences. If you choose to pursue a fault-based divorce, one spouse claims the other is responsible for the end of the marriage. A judge may grant a fault-based divorce for the following reasons:
- Adultery
- Extreme cruelty
- Abandonment for at least one year
- Institutionalization
- Imprisonment
How Do I Initiate the Divorce Process?
After you have successfully determined that you are eligible to file for divorce in New York, you can begin the process by filing a Divorce Petition. In the petition, you will explain the grounds on which you are seeking to end your marriage and the terms that will apply to the termination of the marriage such as child custody, spousal maintenance, and property division. From here, the petition must be served to your spouse, formally notifying them that you have filed a complaint for divorce with the court.
Nonetheless, it’s vital to understand that despite this being the first legal step involved in initiating the divorce process in New York, for many, the first step is contacting an experienced divorce attorney. At the Law Offices of Susan A. Kassel, P.C., we are prepared to help you navigate your legal options. Connect with us today to learn how we can fight for you.
