Albany Family Law Blog

The requirements for divorce in New York

Posted by Joanne P. Monagan, Esq. | May 26, 2020 | 0 Comments

In New York, married couples who wish to file for divorce in the state must meet the residency regulations and a ground, or a legally valid reason, to get the divorce. If these requirements are not met, a former couple will not be able to file for divorce in the state of New York.

There are several ways a former couple can meet the residency requirement when seeking a divorce in the state. One option is that the former couple are already residents of the state and the grounds for the divorce occurred in the state. Alternatively, the couple married in the state has lived in the state for one year or the grounds occurred in the state. Finally, one person must have lived in the state for a continuous two years prior to filing.

Once the residency requirement has been met, the former couple must have a legally acceptable reason for the divorce. One of the most common reasons is the irretrievable breakdown of the marriage for at least six months. Other potential grounds include imprisonment, where a spouse has been incarcerated for a minimum of three years, adultery, and abandonment for a minimum of one year.

Navigating divorce can be difficult for former couples, especially if there are kids or significant marital assets involved. A divorce attorney may assist with determining if the former couple meet the requirements to file for divorce in the state of New York. If the requirements are met, the attorney may help with negotiating with the other party's legal team, assist with the division of marital assets, and determine if temporary or permanent spousal support is required. If there are kids involved, the attorney could work with the other party in putting together a parenting plan and a child support order that meets the needs of the children.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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