Do I Have Grounds for Divorce in New York State?
Long Island Divorce Attorney
If you are considering filing for
divorce, you must be aware of the many legal repercussions that divorce can have
on the entire family. Because choosing to get a divorce can be one of
the most important decisions that you can make for yourself and your entire
family, it will be imperative that you understand the laws, your rights,
and your legal options before starting any type of divorce action.
Two requirements must be met before you can file for divorce on Long Island, New York:
- You must fulfill the state's residency requirements.
- You must satisfy one of the grounds for divorce.
After you have determined that you are eligible to file for divorce in
the state of New York, speak with a skilled Long Island divorce lawyer
at our firm.
The Virdone Law Firm, P.C. has helped many individuals, separating couples, and families in the New
York area, and we know how to protect your rights and interests at this time.
free case evaluation from our Nassau County divorce lawyer today!
Understanding the State's Residency Requirements
In order to file for divorce, the state of New York requires that divorcing
couples must first fulfill the residency requirements. Only one spouse
in the marriage will need to fulfill the state's residency requirements
in order for the couple to be eligible.
New York's residency requirements include meeting one of the following:
- You must have been a New York resident for at least two consecutive years
- You must have been living in New York on the date you start your divorce
for at least one year prior to the start of the divorce action, and your
marriage ceremony must have been performed in the state or you lived together
in New York as a married couple.
- You or your spouse has lived in New York for at least one year before the
date of starting a divorce action, or your grounds for divorce happened
in New York.
- You and your spouse lived in New York on the date that you started your
divorce action, and your grounds for divorce occurred in New York.
Grounds for Divorce
In addition to the state's residency requirements, separating couples
must also have legally acceptable grounds for divorce. There are several
grounds recognized and accepted by the courts.
According to Domestic Relations Law Section 170, the grounds for divorce include:
- Cruel and inhuman treatment
- Living separate and apart under a separation judgment, decree, or agreement
New York's No-Fault Grounds for Divorce
One of the most recent grounds for divorce, New York's no-fault ground
was implemented in late 2010. The state recognizes the irretrievable breakdown
of a marriage, also known as a no-fault divorce. In order to file for
no-fault divorce, you must swear under oath that you and your spouse are
unable to reconcile your marriage. The courts may require proof that your
marriage has been in an irreparable state of breakdown for a period of
at least six months.
Contact Our Nassau County Divorce Firm for a Free Consultation
If you do not think you fulfill the state's grounds for divorce, have
questions about your particular circumstances, or simply have a concern
that requires immediate attention, our firm is ready to listen to your story.
We practice family law and we strongly believe in providing focused, personalized,
and compassionate attention to our clients. No divorce will be exactly
the same, and we are focused on finding customized solutions to each client's
unique situation. As creative, critical thinkers with a solid legal foundation,
we have the tools that are needed to help you at this difficult time.
Call The Virdone Law Firm, P.C.
today to schedule your
free case consultation
to learn more about your divorce options or legal alternatives!