Are you considering filing for divorce in New York? If so, it’s important to understand whether or not you meet the necessary legal requirements to do so. If you are unsure if you are eligible, you’ll want to continue reading, as the following blog explores the requirements you must meet. Additionally, you’ll learn the importance of working with a Nassau County divorce lawyer during this process to protect your rights and fight for the best possible outcome for your circumstances.
Are There Legal Requirements for Divorce?
It’s imperative to understand that, in New York, there are several requirements you must meet before you are able to get divorced under state law. First, you must meet the residency requirement. This essentially dictates how long you must live in the state to be eligible to pursue a divorce there. There are three ways to meet this requirement:
- Either you or your spouse has been a permanent resident of New York for at least two years before filing
- You and your spouse have lived in New York for at least one year and you either got married in the state, have lived as a married couple in the state, or the grounds on which you plan to file for divorce occurred in the state
- You and your spouse are both legal residents of the state, and the grounds for the divorce occurred while you were legal residents
Once you have met the residency requirements, you need to determine if you meet the requirements for the legal grounds on which you wish to file. Generally, if you plan on filing a no-fault divorce on the grounds of irreconcilable differences, you simply need to show that the marriage has broken down past the point of repair for at least six months.
You should note that if you choose to pursue a fault-based divorce, such as on the grounds that your spouse cheated on you or abandoned you, you must prove wrongdoing in order for the divorce to be granted. However, it’s important to know that, generally, proving fault will not have a considerable impact on the outcome of your divorce for matters like alimony or child support.
How Do I Initiate This Process?
If you are considering filing for divorce in New York, the first step in the process is to file a petition with your local court. In this petition, you will list the grounds on which you are filing and the relief you are seeking. Generally, these matters include child support, child custody, alimony, and property distribution. Once you file this document, you are officially the petitioner, and your spouse is the respondent. Once you have filed, you will need to serve your spouse a copy of the divorce paper and the summons, informing them that they have been served.
Though filing for divorce may seem as simple as submitting paperwork, it’s imperative to understand that this can be an incredibly complicated legal process. As such, you’ll find that working with an experienced attorney in these matters is in your best interest. Not only can discussing your circumstances with an attorney help you determine if you meet the legal requirements necessary to file for a divorce, but they can also guide you through the process from the moment you file and beyond the closing of your case.
At the Law Offices of Jay D. Raxenberg, P.C., we know that divorce can be overwhelming. That is why we are here to help you through this complex legal process. Contact our compassionate team today to learn how we can fight for you.
