Albany Family Law Blog

The rules for getting divorced in New York

Posted by Joanne P. Monagan, Esq. | Apr 28, 2021 | 0 Comments

Since 2010, couples in New York state have had the option to file for uncontested divorce. Other grounds to file for divorce from your spouse include that he or she engaged in adultery, was incarcerated for more than three years or abandoned the relationship for at least a year. You can also file for divorce on the grounds that you were subject to cruel or inhumane treatment.

A divorce is subject to residency requirements

In most cases, you'll need to be a New York resident for at least a year before you are eligible to file for divorce in the state. However, if the grounds for the divorce took place in New York, it may be possible to start the process of dissolving the marriage immediately. This assumes that you and your spouse are both New York residents when this process begins.

The requirements for an uncontested divorce

To file for an uncontested divorce, the marriage must have been in a state of disrepair for at least six months prior to submitting dissolution paperwork. Furthermore, property division, child support and child custody issues must be resolved before a judge will issue a final divorce decree.

New York is an equitable division state

Generally speaking, the reason for the divorce won't have an impact on how a judge might rule in a case that goes to trial. Instead, he or she would review a variety of factors when crafting a ruling, such as the length of the marriage, each spouse's age and each spouse's ability to work. Your attorney may be able to provide more insight into how the facts in your case could influence its outcome.

If you believe that your marriage is no longer built to last, it might be worth consulting with a divorce attorney. He or she may talk more about the requirements to file in New York, explain how property might be divided and help you understand other issues that are relevant to your case.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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