Grounds and Residency Requirements for a NY Divorce

Grounds and residency requirements

If you live in New York and are experiencing the dissolution of your marriage, you may ask yourself: “Do I have a legal basis for getting a divorce?” This question was most vital up until the year 2010 when this was the final state to pass the no-fault law allowing couples to divorce based on the irreparable breakdown of their marriage. It is still very important to understand all the NY state grounds for divorce, because not all will be based on the no-fault option.

Grounds and Residency Requirements for a NY DivorceWhat are the grounds for a divorce in New York State?

The state offers seven legal grounds for divorce, including the option for a no-fault divorce. The no-fault divorce option was adopted by here in 2010 and allows a spouse seeking a divorce to do so without claiming the other spouse is at fault as the basis of the divorce, except the irretrievable breakdown of your marriage for at least six months. This option can circumvent a prolonged and expensive adversarial litigation process. The remaining fault grounds for divorce include: physical or constructive abandonment lasting for at least one year; cruel and inhuman treatment; imprisonment; and adultery. Additional basis without alleging fault are: the spouses’ living separate and apart for at least one year after signing a written Separation Agreement or after a Separation Judgment granted by the Court.

Before moving forward, it is important for you to first make sure that your case fits within the residency requirements for the state. Ingrid Gherman will be able to assist you in determining whether you fit the residency requirements. To find out, call her law office at (212) 941-0767 or send an on-line inquiry.

New York StateWhat are the minimum residency requirements for a divorce in New York State?

Before filing for a divorce in the state, you must satisfy the residency requirements, as follows:

1) You and your spouse were married in NY state and either spouse is a resident of this state when the action started and for a continuous time of one year has been a resident immediately before the filing for divorce; or,

2) You and your spouse have resided in this state as husband and wife and either spouse is a resident of NY when the action for divorce is commenced and has been a resident of the state for a continuous period of one year immediately preceding the filing for divorce; or 3) The cause of action for divorce occurred in NY State, either spouse for a continuous period has been a resident of the state at least one year immediately before the start of the divorce action; or

4) The cause of action occurred in NY State, both spouses are residents of the state at the start of the action; or

5) Either spouse has been a residence of NY for an uninterrupted time of a minimum of 2 years immediately prior to the start of the action;

Do you have any questions about whether you meet the residency requirements or have grounds for a divorce in New York? Get in touch with the law office of Ingrid Gherman at (212) 941-0767 or fill out the form on-line.