New York City Divorce Lawyer
All couples have marriage problems. Some problems cannot be resolved in a peaceful manner. Marriage problems can send a couple to divorce court. A person seeking a divorce has to follow certain protocols. Each state has laws that define the grounds for divorce. The laws define everything about the divorce process. If you are pursuing a divorce in New York, you need to be familiar with the state’s divorce laws. New York divorce laws are written for the Plaintiff and the Defendant. The laws ensure that both parties receive a fair divorce. A divorce lawyer can work in your best interest.
- Divorce Residency Requirements for New York
You have to make sure that New York has jurisdiction over the divorce before you start the divorce process. Jurisdiction is usually established by spouses satisfying the state’s residency requirements. The residency requirement is usually only an issue when a spouse has recently moved to or from New York. A married couple meets the residency requirement if the following criteria are met:
1. The couple was married in New York, and either party has been a resident for at least one year.
2. The husband and wife have resided in New York for at least one year preceding the divorce.
3. The cause occurred in New York, and one spouse has been a resident for at least one year.
4. The cause occurred in New York. Both parties meet the residency requirements at the time of the divorce petition.
5. Either spouse has been a resident of New York for at least two years proceeding the petition for divorce.
- Grounds for Divorce in New York
The Complaint for Divorce has to be filed with the New York court. The filing spouse can request a dissolution of the marriage under certain grounds. A court may terminate the marriage for any of the following reasons:
1. Cruel and inhumane treatment in the marriage.
2. A spouse is abandoned for one year or longer during the marriage.
3 A spouse is imprisoned for at least three years.
4. A spouse commits adultery.
5. The married couple lives apart for at least one year.
6. Irreconcilable differences for a least six months.
- An Uncontested Divorce in New York
In a divorce petition, the person filing for divorce is called the Plaintiff. The person responding to the petition is called the Defendant. Divorce actions are filed in the county court. In New York, a married couple can separate by a court order. The couple can negotiate a separation agreement. A summary divorce can be granted if the couple has lived apart for at least one year. A separation agreement can also fulfill the requirement for a summary divorce. New York requires a financial disclosure to be filed with the divorce action.
There are several paths to a divorce. Minimizing conflict should be your ultimate goal. Research the mechanics of dissolving a marriage in New York and consult a divorce lawyer. Your divorce lawyer can help you make informed decisions.