Divorce in New York can occur under any number of circumstances. Many couples are able to reach a settlement amicably, allowing them to quickly move on with their lives. On the other hand, a high profile divorce being contested by either party can drag on for a year or more. In our diverse city, there’s as much variety in NYC divorces as there is among New Yorkers themselves.
Regardless of what the specifics are of your case, there are a few things all couples will need to do in order to file for divorce in New York:
- Make sure you meet residency requirements: To file for divorce in New York, either party has to have been living in New York for a year or more, and either the marriage, grounds for divorce or a period of living together as a married couple has to have occurred in the state. Alternately, if the marriage occurred elsewhere, but either party has been living in New York for two years or more, papers can be filed in-state.
- Determine the grounds for divorce: Couples seeking a no-fault divorce can claim an irretrievable breakdown of the marriage lasting six months or more. Grounds for at-fault divorce include: cruel and inhuman treatment, abandonment of a year or more, imprisonment of three years or more, adultery or legal separation lasting a year or more.
- Make a list of your needs: These can include child support and custody, visitation rights, spousal support and distribution of property.
- Have your attorney file the necessary paperwork: Papers must be filed with the Clerk of whichever county you are a resident of. Divorce papers must be served in person to the other party. If your spouse decides to contest the divorce, a judge will set a time for a hearing.
The Spodek Law Group Can Help You File for Divorce in New York
Since 1976, we’ve treated our clients like family, from taking your calls in the middle of the night to bringing your case to trial if it’s necessary to protect your interests. Contact us today for your free consultation. Page updated on 11/12/13.