GETTING DIVORCED IN NEW YORK STATE
Residency Requirements and Grounds for Divorce
To file for a divorce in New York:
1. You must have been married in New York and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or
2. You and your spouse must have lived together in New York, and either you or your spouse must have lived in New York for one year prior to filing for the divorce, or
3. Your grounds for divorce occurred in New York, and either you or your spouse lived in New York for one year prior to filing for the divorce, or
4. Either you or your spouse have lived in New York for two years prior to the filing of the divorce
In order to get a divorce in New York, you must prove:
1. Your spouse has treated you so cruelly and inhumanely that it has had a serious effect on your physical or mental health and it's not safe or proper for the marriage to continue, or
2. Your spouse has abandoned you for at least one year, or
3. Your spouse has been imprisoned for at least three years, or
4. Your spouse committed adultery, without your encouragement, within the past five years, and you did not have sexual relations with your spouse after learning of the infidelity, or
5. You and your spouse have lived apart at least one year under a written separation contract or under a court judgment of separation and the spouse seeking the divorce has substantially complied with the terms of the agreement or court judgment.
The legal divorce process begins when one of the spouses files a "Action for Divorce" with the Supreme Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future.
After the Action for Divorce has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.
Go to
New York State Domestic Relations Law