There are several requirements for divorce in the state of New York. For example, spouses must satisfy the grounds for divorce as outlined in Domestic Relations Law Section 170. You may also be eligible for a divorce under the 2010 no-fault addition, in which case you would not necessarily need to meet the specific fault-related grounds.
You must also fulfill New York’s residency requirements as they relate to divorce. Before you spend too much time planning your divorce, you should consult a lawyer for legal guidance.
At the Elliot Green Law Offices, a Staten Island divorce attorney can assess your situation and determine if you are eligible for divorce in the state of New York. If so, Mr. Green can assist you with the legal aspects so you can focus on your own well-being. To schedule a consultation, call our office today at 718-260-8668.
In the meantime, read on to learn about New York residency requirements that relate to divorce:
- Continuous Period
According to New York Courts, in order to file for a divorce, you and your spouse must have been living in the state of New York for at least two years. The period must have been continuous and immediately prior to the date that you commence your divorce action.
- One Year Continuous Living
If you have only been living in New York for one continuous year, then you may still be eligible to file for divorce. In this case, you must also have had the marriage ceremony in New York or lived in the state with your spouse as a married couple.
- Legal Reason for Divorce
If you have been living in New York for one year and your legal reason for the divorce happened in the state, then you may still file here. You and your spouse will need to present evidence to the court that the grounds for your divorce happened in New York.
- Limited Period of Residency
According to NY Courts, even if you and your spouse have not lived in New York for an extended period of time, you may still be able to file for divorce. To do so, you and your spouse must be residents of New York on the date you commence your divorce action, and the reason for the divorce must have happened in New York.
If you satisfy any one of the above requirements, as well as those laid out in the Domestic Relations Law, then you may be eligible for divorce in New York. At the Elliot Green Law Offices, we can determine your eligibility status and answer any of your family law questions.
Queens family attorney Elliot Green always puts his clients first. He can address your concerns related to child custody, asset division and other legalities of divorce. To schedule a consultation, call our office today at 718-260-8668.
