Are you considering filing for a divorce? If so, there are guidelines that you must be aware of and many factors that must be considered in doing so.

To file for divorce in New York you must meet one of the following eligibility requirements:

(1) You or your spouse have been living in New York state for at least two years before the divorce is commenced;

(2) You or your spouse have been living in New York State for at least one year before the divorce action is commence and (a) you got married in New York State, or (b) you lived in New York State as a married couple, or (c) the grounds for divorce (see below) occurred in New York State;

(3) both you and your spouse are residents of New York State on the date the divorce action is commenced and the grounds for divorce arose in New York State. 

Also to file for divorce, you must allege a “ground” for divorce:

 There are seven (7) grounds for divorce in New York. The most popular ground in divorce mediation is the “irretrievable breakdown of the marriage for at least six months”. This is generally referred to as a “no fault divorce”. This ground makes it possible for couples to get a divorce without having to provide “proof” of the breakdown of the marriage provided that the parties both affirm that there has been irreconcilable differences between the parties and the marriage has irretrievably broken down for no less than six months. Parties filing for divorce under this ground, will also enter into an agreement setting forth a settlement of all economic issues, distribution of all property, custody and support issues.

Other grounds for divorce in New York are: cruel and inhuman treatment, abandonment, imprisonment, adultery, divorce after living under a legal separation agreement for one year, and divorce after judgment of legal separation. Use the following link https://www.nycourts.gov/courthelp/family/divorceRequirements.shtml , to find out more about the specific grounds for divorce.

Determining if you are eligible for divorce in New York is just the first step in the divorce process. Take that first step to the new you by clicking here to schedule a consultation and to learn what other factors must be considered and resolved in order for you to obtain your goal.