Residency Issues in New York Divorce

Before you can obtain a divorce in New York, you or your spouse must meet residency requirements under Section 230 of the New York Domestic Laws.  This means that either you or your spouse must reside in the state at least two continuous years prior to filing for divorce. Or in the alternative, either you and your spouse must have lived in the State of New York on the date you filed for divorce for one continuous year before you started the divorce action and were either married in the state or resided as a married couple here for one continuous year and that your grounds for divorce occurred while you were residing as a married couple here.  If you and your spouse are New York residents and your grounds for divorce occurred in New York, then there is no time limit for residing in NY.

Seven Grounds for New York Divorce

Besides meeting residency requirements, you must meet one of the seven grounds for divorce. The most common ground is no fault and a breakdown of the marriage. Other grounds include abandonment, prison for more than 3 years, adultery, living separate and apart under a formal court agreement or degree.

Once you meet the residency and grounds for divorce, then you can file your divorce petition with the state family law court. If you do not have any children or property, then you may want to file an uncontested divorce.

Divorces are hard on everyone especially the children. If the parties can agree amicably, it is easier on everyone. Marital property division, custody, support and visitation matters need to be settled. Unfortunately, many times parties cannot agree on marital issues and must hire a mediator, arbitrator or let the court decide. However, courts prefer that parties agree on such issues on their own in order to free up the court’s calendar for issues that need the court’s immediate attention such as restraining orders and temporary support issues.