There are two requirements to get a divorce in New York before the proceedings can begin. First, the couple must meet the residency requirement. In order to get a divorce in New York, the couple must have lived in the state for at least one year without interruption. If only one spouse lives in New York, the residency time period extends to two years. The second requirement is meeting one of the grounds for divorce.
Requirements to Get a Divorce | Grounds for Divorce and No-Fault
New York recognizes the following as grounds for divorce:
- Cruel and inhuman treatment
- Prison confinement that exceeds three or more consecutive years
- Legal separation
- Irretrievable breakdown lasting at least six months (also referred to as a “no fault” divorce)
The no fault divorce option is relatively recent, only allowed in New York since 2010. One reason it’s popular as a grounds for divorce is that neither spouse must prove the other spouse did anything wrong. This makes things more amicable and can help keep costs down.
Requirements to Get a Divorce | Contested vs. Uncontested
A divorce is “contested” when:
- One of the spouses does not want to get a divorce.
- The couple disagree as to why a divorce should be granted.
- The couple disagrees as to how their finances, property and child responsibilities should be divided among them.
A divorce is “uncontested” when:
- Both spouses want the divorce, and
- Both spouses agree on how their finances, property and child responsibilities should be handled.
The primary purpose of the court is to grant the divorce. Only when a judge issues an order dissolving the marriage is the divorce official. However, couples don’t necessarily need the court to resolve the other issues that accompany a divorce, such as the division of marital property, child custody, and spousal support. The reason the court is often involved in these issues is because couples often disagree about resolving them.
Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., online or call us to arrange your initial consultation with one of our Buffalo divorce lawyers. We welcome the opportunity to serve you.