Some divorces are resolved quickly and easily, while others are more complicated. Regardless, divorce is a big change and a stressful process. Learning about your various options can help when it comes time to file for divorce. Some of the options you may consider include how you want to file your divorce, and the method you want to use for resolving your divorce. Read on to learn more about citing irreconcilable differences and no-fault divorce in New York.
Residency Requirement
It is important to note that in order to get divorced in New York State, you will have to meet one of the following residency requirements.
- 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
Luckily, New York offers the option of no-fault divorce. This means that you can cite irretrievable breakdown of a marriage for more than 6 months. Citing irretrievable breakdown simply means that the marriage no longer works and is beyond repair. It is not anyone’s fault for the divorce, but the couple no longer wants to be married. This is the route many couples in New York take. This is because when it comes to irretrievable breakdown, the divorce can’t be contested. Additionally, you do not have to provide proof. If you are citing fault grounds for your divorce, you may have to provide proof. For example, if you are getting divorced on grounds of adultery, you may have to show the court that this adultery occurred. As a result, no-fault divorces are often quicker, easier, and more private. That being said, you can still cite fault grounds in New York. You can cite the following fault grounds:
- Adultery
- Extreme cruelty
- Abandonment for at least one year
- Institutionalization
- Imprisonment
If you are getting divorced in New York, you will want to retain the help of a dedicated divorce attorney who can walk you through the process and act as your advocate. We are here to help you with all of your divorce and family law matters. Contact our firm today to speak with a skilled divorce attorney.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. 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.
