Preparing for a New York Divorce | What to Know

If you are getting divorced, it is important to understand the process ahead. Read on to learn more about New York’s divorce process.

What are New York’s residency requirements?

The first step is determining whether you meet New York’s residency requirements. In order to file for divorce in New York, you must satisfy one of the following requirements:

  • You or your spouse must be a resident of the state for at least two years
  • You or your spouse lived in New York for a year, got married here, lived as a couple here, or the cited grounds occurred here
  • Both you and your spouse are residents of the state on the day the divorce is filed

What are fault grounds?

Those filing for divorce must cite grounds. Grounds are the legal reason that your divorce is occurring. New York is a no-fault state, meaning you can simply cite irreconcilable differences. Some people may instead choose to file on a fault ground. These grounds include:

  • Adultery
  • Abandonment
  • Imprisonment
  • Cruel and inhuman treatment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

Next, you must file a Complaint for Divorce. In this document, you will cite the grounds for divorce and any relief you may need, including child support, child custody, and legal fees.

What are the various resolution options?

Many agree that it is best for couples to settle their divorces outside of the court. In this case, couples may turn to mediation. During mediation, a third party may help couples navigate and agree upon any outstanding matters. Sometimes, settling a divorce outside of court is not possible, leading to litigation. Litigation means a judge will make equitable decisions regarding your case. These decisions can be appealed by you or your spouse with the help of an attorney.

If you have any questions about the divorce process in New York, our firm is here to help. We will walk you through the process every step of the way. Reach out today to discuss your case with a skilled and dedicated attorney.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.