Divorce FAQs - State of New York

First and foremost two requirements must be met before you can file for a divorce in Long Island, New York:

  • The state's residency requirements must be fulfilled.

  • At least one of the grounds for divorce must be satisfied.

RESIDENCY REQUIREMENTS for NY

To be eligible to file for a divorce, legal separation, annulment, or a declaration of nullity for a void marriage, the requirements that divorcing couples must first fulfill the residency requirements. Either one of the spouses must have been continuously living in New York for a year by the time the action was filed with the court.

Divorce FAQs - State of New York

What Are the Grounds Considered for Divorce in New York?

First and foremost two requirements must be met before you can file for a divorce in Long Island, New York:

  • The state's residency requirements must be fulfilled.

  • At least one of the grounds for divorce must be satisfied.

 

RESIDENCY REQUIREMENTS for NY

 

To be eligible to file for a divorce, legal separation, annulment, or a declaration of nullity for a void marriage, the requirements that divorcing couples must first fulfill the residency requirements. Either one of the spouses must have been continuously living in New York for a year by the time the action was filed with the court.

 

Additional to that, at least any one of the following conditions must be met:

  • The cause for the legal action occurred in New York  

  • At least one of the parties has been a New York resident for a continuous period of at least two years by the time the action was filed  

  • If the couple was married in New York

  • The couple has resided in New York as husband and wife

  • The cause for the legal action occurred in New York and both parties were residents when the action was filed

 

WHAT DOES IT MEAN BY FAULT & NO-FAULT DIVORCE IN NY

 

State of New York recognizes both fault and no-fault divorce grounds. Fault-based divorce grounds require proof of wrongdoing on the part of either one of the spouses.

According to Domestic Relations Law Section 170, the fault-based grounds for divorce include:

  • Imprisonment of the defendant  

  •  Adultery  

  • Cruel and inhuman treatment

  • Abandonment of the plaintiff

 

Not all divorce grounds require a showing of misconduct or wrongful act as a cause for granting a divorce. In 2010, New York recognized a distinctly no-fault divorce ground based on the irretrievable breakdown of marriage. In order to file for no-fault divorce, you must swear under oath that you and your spouse are unable to reconcile your marriage. The courts may require proof that your marriage has been in an irreparable state of breakdown for a period of at least six months.

Section 170 lists the following no-fault grounds for divorce in New York:

  • Living separate and apart according to the terms of a separation decree or judgment

  • Living separate and apart under the terms of a separation agreement

  • Irretrievable breakdown of the marriage

When Do I Know I need a Good Divorce Lawyer, & How Do I Find One?

Some of the things you need to look for and make sure the Attorney you hire has the following.

The question asked, If you are involved in any type of family law matter is when you need to hire an attorney? Answer is Right away. The sooner you hire an attorney, the sooner they can help protect your family and help you work towards a positive outcome. A good divorce lawyers Characteristics include:

  • Commitment & Understanding - An attorney who is willing to not only give you time, but also stays committed. Understands you and your case, knows what you need out of the decision will not only guide you in the Divorce process but will also keep you safe from unknowingly doing anything that may harm your chances

  • Experienced – An experienced attorney will have the capacity to represent a range of clients with various concerns; will have a more comprehensive understanding of the law; and will have the ability to apply the law to the unique needs of every client.

  • Trustworthy Reputation – Few things serve as a greater compliment than being acknowledged by former clients. Find a lawyer with a trustworthy reputation in the legal and local communities who is known for always approaching legal matters ethically, professionally, and effectively.

  • Proven Track Record – These days, do-it-yourself (DIY) pamphlets and software can make getting a divorce look easy; however, divorce is rarely easy. DIY divorce programs can result in serious oversights on crucial matters. Instead of taking on the divorce process yourself, an attorney with a proven record can give you the peace of mind you need.

  • Open & Timely Communication – Working with a lawyer who is impossible to reach or who makes you feel as though you are not a priority can be extremely discouraging. At a time when you need unwavering support, you need a team that is available and caters to your busy schedule.

What if My Spouse Wants a Divorce, But I Don’t?

Have you been served? We are here to help you and can defend against a divorce if you have been served with papers. You may have other reasons why you prefer to stay together. Many parties want to work things out, if that is the case we are here with our expertise.

How Can I Get a Separation Agreement in NY?

Prior to August of 2010, New Yorkers could only file for divorce based upon specific grounds. One of these was the conversion of a separation agreement. A separation agreement can allow you to obtain a conversion divorce after one year living pursuant to this contract. This also often reduces the expense and litigation associated because it gives the parties a time to test the waters and see what works and what does not.

How Can my Lawyer Help Me Get Custody or Visitation?

We are highly experienced and recognized professionals in custody and visitation matters, especially in complex cases involving fathers and grandparents. We work in all of the courts and are well respected by all of the judges and court-appointed attorneys. We know the ins and outs of the system and how to bring the strongest case with the most up-to-date laws.

Are the Father’s Rights Same As Mother’s?

Fathers rights are also being considered and the law is getting there. When a father wants visitation and / or custody, primary concern will be whatever is in the best interest of the child. There remains, however, some preference that mothers are nature's caregivers and fathers are often on somewhat unequal footing in visitation disputes and custody. We are recognized in fathers' rights issues, and a case can highly depend on choosing the right attorney who is not only knowledgeable but because the laws in this field are constantly changing, they need to be vigilant and abreast with the changes to fight for fathers rights.

What are the Visitation or Custody Rights for Grandparents In New York?

There is a special bond that can exist between grandparents and grandchildren, and the Courts are certainly recognizing that. Obtaining standing to bring a petition is quite easy. The court will then look at what is in the child's best interest and may award visitation or even custody depending on the situation involving the parents who may be deceased or incompetent to care for their own child. You will be hard-pressed to find attorneys with more grandparents' rights experience than at our firm and we are regular speakers at many grandparents' rights forums and organizational meetings.

626 RXR Plaza

Uniondale, New York 11556

Tel: 516.522.2718

Fax: 718.744.2560

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