Below are some important facts regarding New York divorce law that all parties should be aware of prior to filing:
New York Residency Requirements
In order to get an annulment, divorce or legal separation in New York, the following residency requirements must first be met:
- If the couple was married in NY, at least one spouse must have been a resident of the state for a continuous period of one year prior to filing the action.
- If the couple has resided in the state as husband and wife, either party must have resided in NY for a continuous period of one year prior to filing the action.
- Either party must have been a resident of the state for a continuous period of at least two years immediately prior to filing the action.
Legal Grounds for Divorce in New York
There are two types of divorce couples in New York can file: No-fault and Fault. Below are the details of each:
As of October 12, 2010 New York is a no-fault divorce law state. This allows parties to cite that the marriage has irretrievably broken down as grounds for divorce, provided the discord has been happening for over six months.
Fault divorce filings can cite the following grounds:
- Cruel and inhuman treatment
- Three consecutive years of imprisonment
- Living separately and apart for at least one year
Why Hire a New York Divorce Lawyer?
The rules governing divorce proceedings can be difficult to decipher, especially during a heated divorce when all you can think about is making sure your rights are protected. Even the smallest of mistakes on paperwork or spoken in court can lead to disastrous consequences, which is why it is imperative that you hire a New York divorce lawyer if you or your spouse has sought an annulment, legal separation or dissolution of marriage.
Divorce attorneys take care of everything pertaining to the case, including paperwork, phone calls, court appearances and mediation to ensure you don’t have anything to worry about. They will see to it that your property is divided accordingly and that you obtain your fair share of alimony. They will also make sure child custody arrangements are in the best interest of your children.
To find out more about divorce laws in New York or to schedule a consultation, contact one of our featured divorce attorneys in New York to get started on your case.