To file for a divorce in New York State, you must meet the residency requirement. You or your spouse must live in New York at the time the divorce papers are filed. In addition you must meet one of the following requirements...
Residency:
To file for a divorce in NYS you must meet the residency requirement. You or
your spouse must live in NY at the time the divorce papers are filed. In
addition you must meet one of the following requirements:
1. Both you and your spouse reside in NY at the start of the divorce action and the grounds occurred in NY. Or..
2. Only one spouse resides in NY and that spouse has resided there continuously
for one year immediately preceding the start of the divorce action and one of
the following is true: you were married in NY, resided in NY as husband and
wife sometime during the marriage, or the grounds
occurred in NY. Or...
3. Only one spouse lives in NY, but that spouse has lived here continuously for 2 years immediately preceding the start of the divorce action.
Grounds:
No-Fault: 1. Irretrievable breakdown: There has been an irretrievable breakdown of the marital relationship for at least 6 months. (All issues of custody, child and spousal support, and property distribution must be resolved either by the parties [Ex. Separation Agreement], or by the court before a Judgment of Divorce will be granted.)
2. Separation Agreement: Living separately for one year after signing a legal
Separation Agreement.
Fault:
1. Cruel and inhuman treatment: Behavior in the past 5 years that either endangers or impairs the physical or mental health and happiness of the other.
2. Abandonment: A spouse is absent from the marital home for one year without the intent to return and without good cause. Constructive abandonment is a refusal to engage in sexual relations for one year.
3. Adultery: A spouse has intercourse with someone other than the spouse.
4. Confinement in prison: Your spouse has been incarcerated for 3 years. Military service: If either spouse is in the military, you will need to obtain further information on how military status affects your situation.
