No matter whether the decision was mutual, and how amicable you and your spouse remain, getting a divorce may be an unpleasant process. So it is understandable why you would want to get this over with as soon as possible. But before you go through all the effort of preparing, filing, and serving these divorce documents, you should check that you are taking these actions in the right state. That is, please follow along to find out the requirements for getting a divorce in New York and how a proficient Manhattan divorce attorney at Zimmet Law Group, P.C., can help confirm your eligibility.
What are the general requirements for getting a divorce in New York?
Firstly, you must meet New York’s residency requirement for the family court to accept your petition. Every state has one, and New York imposes the following standards:
- Your marriage ceremony took place in New York, and you or your spouse must have been living in the state continuously for at least one year before filing for divorce.
- You and your spouse lived in New York while married, and at least one of you must have been living in the state continuously for at least one year before filing for divorce.
- Your marriage ceremony took place outside of New York, but you or your spouse have been living in the state continuously for at least two years before filing for divorce.
- The grounds for your divorce took place in New York, and you or your spouse must have been living in the state continuously for at least one year before filing for divorce.
- The grounds for your divorce took place in New York, and both you and your spouse must have been living in the state when the divorce was filed.
Secondly, in your divorce complaint, the petitioning spouse must cite a legally accepted reason for wanting to end the marriage. New York is a no-fault state, meaning the cited grounds can be as follows:
- Valid no-fault grounds for divorce:
- An irretrievable breakdown of the marriage for at least six months.
- Living apart under a legal separation agreement for at least one year.
- Valid fault grounds for divorce:
- Cruel and inhuman treatment, physically or mentally.
- Andandoment for at least one year, physically or constructively.
- Imprisonment for three or more years.
- Committing an act of adultery.
Is there a mandatory waiting period for finalizing a divorce in New York?
Unlike other states, there is no mandatory waiting period to finalize your divorce after filing with the New York family court. Technically speaking, you may have to wait to meet the residency requirement. Or, to claim an irretrievable breakdown or legal separation in a no-fault divorce. And lastly, for enough time to go by in which your spouse has abandoned you for a fault-based divorce.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Zimmet Law Group, P.C., has successfully gone through this countless times before. So please, retain the services of one of the talented New York City matrimonial and family law attorneys today.
