When you decide that you want to file for divorce, you may be eager to get this process started. However, it’s imperative to understand what the waiting period to file for divorce is in New York. If you’re unsure of this matter or who to initiate the divorce process, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with a Nassau County divorce lawyer to help you through this process.

Does New York Have a Waiting Period for Divorce?

Many states impose a mandatory waiting period before a couple may file for an at-fault or no-fault divorce. It is imperative to understand that there is no waiting period for a no-fault divorce in New York. Essentially, this means that if you file on the grounds that your marriage is irreparably broken, you can file for divorce immediately without waiting first. The breakdown must have lasted six months, however. This means couples who have been married for longer than six months can pursue a divorce, while those recently married must wait for the six-month mark before they are eligible to file.

However, if you choose to pursue an at-fault divorce, meaning you are filing because your spouse did something to break the marriage, there may be a waiting period depending on the grounds you choose to file on. For example, if you wish to file because you were abandoned by your spouse, the abandonment must have lasted at least one full year.

Additionally, in New York, you must consider the residency requirements in New York. To get divorced under New York State law, you must reside in the state for a certain amount of time. As such, there are several ways you can meet the residency requirement. This includes:

  • You got married in New York, and at least one spouse has been a resident of the state for at least one year
  • If you were married out of state, you moved to New York as a couple, and one spouse lived in the state for at least one year
  • You and your spouse lived in New York for at least two years
  • You and your spouse have lived in New York for at least a year, and the cause of the divorce occurred in New York

How Do I File for Divorce in New York?

If you wish to file for divorce in New York, the first step is to ensure you meet the residency requirements and understand the grounds on which you wish to file. Once you have determined that you are eligible to proceed, you can file a petition with the court. This will contain the reason you are filing, as well as the terms and conditions you are seeking as part of the divorce, like alimony or child custody. When you file this with the court, you must serve a copy of the petition and a summons to your spouse. Your spouse will then have time to respond and agree with or contest the terms you’re seeking.

Filing for divorce can be an incredibly difficult matter. At the Law Offices of Jay D. Raxenberg, P.C., we understand how overwhelming these matters can be. That is why we will do everything in our power to assist you through these difficult and emotional times. When you need help, our firm is here. Call today to discuss your circumstances with a member of our firm by scheduling a free consultation.