Many couples are under the impression that to file for divorce, they must live separately for some time. However, you may be surprised to learn being separated is not a requirement in divorce. As such, it’s imperative to understand what the requirements to get divorced are in New York. If you’re ready to file but aren’t sure if you’re eligible or where to start, the following blog explores what you should know about this process and why connecting with an experienced Nassau County divorce attorney is imperative to navigate these matters as smoothly as possible.
Must My Spouse and I Be Separated to Get a Divorce?
If you and your spouse decide to file for divorce, you may be under the assumption that to do so, you must be legally separated first. However, this is not true in New York. While some states still require couples to live separately for a period of time before they can file for divorce, New York is not one of these states. In fact, there are very few requirements to get a divorce in the Empire State.
In New York, if you are living separately from your spouse for one year, you can file for divorce on these grounds. However, it is not required. As such, you are eligible to file on other grounds without living separately from your spouse.
Generally, you’ll discover that to file for divorce, you need to meet the residency requirements of New York State. Essentially, this means that either you or your spouse must have primary residency in the state for at least two years before the divorce starts or one year if you got married in the state. Additionally, if the grounds for your divorce happened in the state and you were already living in the state, you can file.
What Are the Grounds to File for Divorce in New York?
Aside from separation, there are other reasons you may file for divorce. Generally, the most common reason couples cite when filing a petition to divorce is irreconcilable differences. Also known as a no-fault divorce, it is not required for either party to prove wrongdoing by the other in order to pursue a divorce.
However, as New York was the last state to adopt a no-fault divorce option, the fault grounds are still honored in the state. As such, the following may be cited by either spouse when filing and must be proven as part of the divorce:
- Adultery
- Abandonment
- Incarceration
- Cruelty
- Deviant sexual conduction
Even though you can file on fault grounds, many couples find it easier to opt for a no-fault divorce. However, what is in your best interest should be discussed with you and your attorney.
When you’re ready to divorce, Barrows Levy is here to help. We understand how complicated these matters can be, which is why we are determined to fight for you. Connect with our team today when you’re ready to file to learn how we can ensure you are eligible and meet the necessary requirements.
