When you wish to file for divorce, there are a number of imperative considerations you must make, from how you want to divide property to where you will live after your divorce is finalized. However, as many are eager to get their divorce over and done with, you’ll find that there may be one key piece of information you’re forgetting to consider – whether or not there is a waiting period to file for divorce in New York. If you’re unsure if and how long you must wait before you can proceed with your divorce, you’ll want to keep reading. The following blog explores what you should know about these matters and the importance of working with a Nassau County divorce lawyer to help ensure you navigate this process as thoroughly as possible.
How Long Is the Waiting Period for a Divorce in New York?
First and foremost, it’s important to understand that to file for divorce in New York, you must meet the residency requirements. Essentially, you must meet several mandatory requirements to be eligible for a divorce under New York state law. Luckily, there are various ways in which you can meet these requirements to pursue a divorce, which include the following:
- Either you or your spouse has been a continuous permanent resident of New York for at least two years before the divorce
- Either you or your spouse lived in New York for one year before the divorce and were married in the state, lived in the state as a married couple, or the grounds for your divorce started in New York
- You and your spouse are residents of New York when your divorce occurs, and the grounds for your divorce occurred in the state
You should also understand that there is no mandatory waiting period that all couples must endure before filing for divorce. However, to file a no-fault divorce, there must be a breakdown of the marriage lasting at least six months. As such, if you are a couple who has been married for three years, you can begin this process immediately. However, if you have only been married for three months, you would be unable to divorce as the irreparable breakdown must last at least six months.
When I’m Ready to File, What Steps Must I Take?
If you are ready to pursue a divorce in New York and meet all eligibility requirements to file, the first thing you must do is file a petition with the court. This will detail the grounds on which you are filing and the relief you are seeking, like alimony or child custody. Once you’ve filed this with the court, you must serve your spouse a copy of the petition and a summons.
Navigating the divorce process can be incredibly complicated, which is why it’s critical to connect with an experienced attorney during this time. At Barrows Levy PLLC, we understand how difficult these matters can be. That is why our firm will do everything in our power to help you navigate these complicated times. Contact us today to learn how we can assist you during these difficult times.
