NY Divorce Requirements
Certain requirements must be met before we, as your lawyers, file your uncontested divorce in New York State Courts.
If you meet the adequate 1) Grounds for Divorce, in addition to the 2) Residency Requirements, we can represent you as your attorney and counsel you. The two requirements are as follows:
NY Divorce RequirementsIrretrievable Breakdown / Irreconcilable Differences - of the relationship, also known as "No-Fault" (the relationship has broken down permanently for at least 6 months)
Abandonment - your spouse has left the marital home for a periodlonger than a year.
Constructive/Sexual Abandonment - either you or your spouse has refused to have sexual relations for more than one year - no proof required).
Imprisonment - your spouse has been imprisoned for at least three consecutive years AFTER you were married)
Written Separation Agreement - must be filed with the court one year prior).
Cruel and Inhuman Treatment - your spouse treated you so badly that it endangered your physical or mental health. You will need to specify exact dates, places and details of the cruel & inhuman treatment ... this will add extra time & and additional cost (save time & money by choosing "Irretrievable Breakdown," "Abandonment" or "Sexual Abandonment" if possible).
Adultery (your spouse had a sexual affair) - You will be required to submit a written affidavit of a witness to the adultery only if it has been less than 5 years since you found out. ...this will add extra time & additional cost. (save time & money by choosing Irretrievable Breakdown," "Abandonment" or "Sexual abandonment," if possible)
Residency RequirementsFor the New York State Supreme Court to have jurisdiction over the parties (see DRL 230) one of the following residency requirements must be satisfied:
1. The marriage ceremony was performed in NY and either spouse is a resident of the state at the time of the commencement of the action for divorce, and resided in the state for a continuous period of one year immediately before the action began.
2. The couple lived as husband and wife in NY and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began.
3. The grounds for divorce occurred in NY and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.
4. The grounds for divorce occurred in NY and both spouses are NY residents at the time the action is commenced.
5. If the parties were married outside of NY and have never lived together as husband and wife in the state and the grounds for divorce did not occur in NY, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.
Residing "continuously" in the state does not mean that the party has not have left the state during the period of residency, nor does it mean that the party does not have another residence elsewhere outside of New York.