What is a Residency Requirement?

What is a Residency Requirement?

Divorce is complicated, and if your spouse lives in a different state, it may become even more so. If you are in this situation, please read on to learn more about the divorce process and how our firm can help. Here are some of the questions you may have:

What is the New York divorce residency requirement?

Before you can get a divorce in New York, you will have to establish jurisdiction via satisfying the residency requirement. The following scenarios satisfy the New York residency requirement:

  • One or both spouses have lived in the state without interruption for at least two years.
  • Both spouses are residents on the day they file for divorce.
  • One or both spouses have lived in New York in the year before the divorce case and the couple either got married in New York, lived in New York as a married couple, or the grounds for divorce happened in New York.

Once jurisdiction is established, you may proceed with your divorce. You will now either file for a no-fault divorce or cite fault grounds.

What is no-fault divorce?

Very often, an individual getting a divorce will want to inform the court of their specific reasoning for filing. For example, if your spouse cheated on you, you may wish to tell the court that the divorce is your spouse’s fault, and that therefore, you do not deserve to have your assets subjected to equitable distribution. While you would think this may impact the court’s decision, the truth is, most attorneys will recommend filing for a no-fault divorce instead. Generally, the circumstances of your divorce have very little impact on the court’s decision, and when you cite fault grounds, you actually open yourself up to a long, grueling battle with your spouse, as he or she now has an opportunity to challenge your claim. However, if you wish to cite fault grounds anyway, you may cite the following reasons:

  • Adultery
  • Extreme cruelty
  • Institutionalization
  • Imprisonment
  • Abandonment for at least one year

If you file for a no-fault divorce, on the other hand, you are simply stating that you and your spouse agree that there has been an irretrievable breakdown in the relationship for at least six months. Once you file your complaint for divorce, your spouse must respond within 35 days. Our compassionate firm can provide you with the legal assistance you need to achieve a successful outcome.

Contact our experienced New York firm

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.