Each couple who decides to get divorced will go through a different process. For example, some couples may choose mediation, while others may decide that litigation is the right move for them. Additionally, you will have to make a decision when it comes to deciding on fault grounds. Luckily, New York is a no-fault state, meaning you can cite irretrievable breakdown in your marriage as grounds for divorce. This usually makes the divorce process simpler. Read on to learn more about irretrievable breakdown in New York.
What are the Fault Grounds in New York?
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
For the most part, couples choose to cite irretrievable breakdown as the grounds for divorce.
What is Irretrievable Breakdown?
Irretrievable breakdown falls under no-fault grounds and simply means that the marriage is no longer working and is beyond repair. In this type of divorce, no one party is at fault. As a result, the process may be faster, easier, less expensive, and more private. This is because you do not need to provide proof of fault at a divorce trial.
What are the Residency Requirements?
It is important to know that if you are getting a divorce in New York, you must meet one of the following 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.
While some divorces are more complicated than others, you will want to retain the help of a skilled divorce attorney regardless. If you are going through a divorce, contact our firm today to speak with a dedicated attorney. We are here to walk you through all of your family law matters and advocate for you during this difficult time.
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Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.
