How Do I Properly File for Divorce in New York?

How Do I Properly File for Divorce in New York?

The process of divorce in the state of New York can be lengthy and complex, as critical decisions must be settled, such as that of alimony settlements, child custody agreements, child support agreements, and property distribution. But before these discussions can even be brought up, you must file for a divorce, which is arguably as complicated as the settlement proceedings. Read along to learn how one of the experienced Manhattan divorce attorneys at Zimmet Law Group, P.C. can assist you with filing.

How do I establish jurisdiction in the state of New York?

In the state of New York, the first step in determining your eligibility to file for divorce is fulfilling the residency requirement. For the court to establish jurisdiction, you must prove one of the following:

  • You or your spouse have lived in New York for at least two years directly before the divorce action.
  • You or your spouse have lived in New York for at least one year directly before the divorce action, you got married in the state, and the grounds for divorce happened within state lines.
  • Both you and your spouse are citizens of New York on the date of the divorce action.

What else should I do to properly file for divorce?

After you establish your New York residency, you must cite legal grounds for divorce. New York is a no-fault state. However, the state still allows for fault grounds to be cited, and recognizes the following:

  • Irretrievable breakdown in your relationship for at least six months.
  • Adultery during the marriage.
  • Cruel and inhumane treatment that leaves you in emotional or physical danger.
  • Abandonment for at least one year.
  • Imprisonment of your spouse for three or more years in a row after the marriage began.
  • Living separate and apart for at least one year after a separation judgment.
  • Living separate and apart for at least one year after a separation agreement.

Deciding between citing a fault and a no-fault divorce can be significant. That is, in some circumstances, a no-fault divorce is an ideal option, as citing fault grounds will give your spouse the option to rebut your accusation and will lead to a longer, costlier, and more hostile process.

If you have any lingering questions in regards to filing, do not hesitate in reaching out to one of the skilled New York City divorce attorneys today. We will ensure that your best interest is at the top of our minds.

Contact Our New York City Firm

If you require the services of an effective New York City attorney of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, or landlord-tenant law, contact Zimmet Law Group, P.C. today to schedule a consultation.

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