What is the Divorce Process in New York?

What is the Divorce Process in New York?

There is a negative stigma that surrounds divorce, but with over 50% of marriages ending in divorce, it is more common than you may think. Getting a divorce can be a difficult decision to make, but it may be what is best for you, your spouse, and your children. Because a divorce can be a harrowing experience, it is important to find the right attorney to aid you in the process. Read on to learn what the New York divorce process entails, and how Zimmet Law Group, P.C. can compassionately and skillfully guide you through the process.

New York’s State Requirements

Before filing for divorce, you must meet one of the following residency requirements:

  • You or your spouse have lived in New York for at least two years directly before the divorce action.
  • You or your spouse were living in New York on the date of the divorce action, and for a constant period of at least one year before the divorce action.
  • You or your spouse were living in New York for a continuous period of one year and the grounds for divorce occurred within state lines.
  • You and your spouse are New York citizens on the date of the divorce action and the grounds for divorce occurred within state lines.

New York’s Grounds for Divorce

New York is a “no-fault” state, meaning you don’t have to cite legal reasons for your divorce, but NY does allow for fault grounds. These grounds include:

  • Irretrievable breakdown in a relationship for at least six months
  • Adultery
  • Cruel and inhumane treatment
  • Abandonment
  • Imprisonment
  • Living separate and apart after separation judgment
  • Living separate and apart after a separation agreement

While you may cite any of these seven grounds for divorce, many NY couples choose to cite “irretrievable breakdown.”

Contested vs. Uncontested Divorce

When it comes to a divorce, there are many matters that must be resolved. These matters include aspects such as child support, division of assets, and child custody, among other things. If a couple cannot come to terms on these matters, they may have a contested divorce. This means that a judge will decide on the matters in an equitable way. Some couples have an uncontested divorce instead. An uncontested divorce occurs when all matters are resolved before a court case begins.

Contact Zimmet Law Group, P.C.

At Zimmet Law Group, P.C., we will guide and advocate for you during this difficult time while using our experience-driven command of New York matrimonial law to reach a resolution that works for you. Our attorneys are renowned for the tireless effort they devote to protecting the interests of the firm’s clients and their families. To schedule an appointment with an effective divorce law firm, contact Zimmet Law Group, P.C.

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