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Do I Have Grounds for Divorce in New York State?

Learn About New York's "Fault" and "No-Fault" Divorce Laws

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.

Receive your free case evaluation from our Nassau County divorce lawyer today!
Call us at (516) 858-2648.

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 before filing.
  • 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 NY

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
  • Abandonment
  • Imprisonment
  • Adultery
  • 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!