Have you considered filing a divorce in New York? If so, do you know whether or not you meet the legal requirements to do so? Unfortunately, many are unsure what makes them eligible to continue this process. As such, the following blog explores the legal requirements in place before a divorce can be granted in New York and the importance of connecting with an experienced Long Island divorce lawyer to help guide you through these complex legal matters.
What Legal Requirements Must I Meet to Get Divorce in New York?
In New York, there are several requirements you must meet before you are eligible to get divorced under the laws of the state. The first is the residency requirement, which requires you to have lived in the state for a pre-determined amount of time. In New York, you can meet this requirement in the following ways:
- You or your spouse have lived in New York for two years before the divorce is initiated
- You or your spouse lived in New York for one year and you got married in the state, lived as a married couple in the state, or the grounds for your divorce occurred in the state
- You and your spouse are residents of New York on the day the divorce is initiated and the grounds for the divorce occurred in the state.
Once you meet the residency requirements, you will generally meet the legally acceptable grounds for divorce. Generally, most couples file on the grounds of irreconcilable differences. This essentially means that your marriage suffered an irreparable breakdown. You must be able to show that this lasted for at least six months.
You can file for divorce on other grounds, but it’s important to understand that they generally will not have a considerable impact on the outcome of your divorce. If you choose to file on grounds of abandonment, it must have lasted for at least a year. Additionally, you can cite imprisonment as a reason, but your spouse must be in jail after the marriage began for at least three years in a row.
Are There Different Kinds of Divorce?
It’s important to understand what your options are when filing for divorce. Typically, you’ll find that the first is an uncontested divorce. This means that both parties agree on every facet of their divorce, like child support, child custody, alimony, and property division. Because the court does not have to be involved other than to approve the agreement between the parties, this can be settled as quickly as six weeks.
As not all couples will be able to reach an agreement on one or more matters at hand during a divorce, the other option is a contested divorce. This requires the court’s intervention to review the circumstances and issue a decision on how the disputed matters should be handled. These tend to take significantly longer.
Because navigating a divorce is not only a complicated emotional matter but an overwhelming financial and legal process, it’s imperative to connect with an experienced attorney as soon as possible. At Barrows Levy PLLC, we understand how difficult getting divorced can be, which is why we will do everything in our power to assist you during these matters. Contact us today to learn how we can fight for you.
