Divorce & Family Law

Have you considered filing for divorce? If so, there are many things you should know prior to filing 
your action ( summons with notice and/or summons and complaint) for a dissolution of marriage. 
The details surrounding divorce can get tricky and complicated.  Retaining the law offices of 
Lawrence L. Kaye  P.C. is the first step to your learning what your rights are and will help ensure
that you don’t end up with the short end of the stick in your settlement.

Below are some general requirements for obtaining a divorce in New York:

Residency Requirements

 To file for a divorce in New York you must satisfy the one of the following residency requirements as set forth in Domestic Relations Law Section 230.

1. You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; or

2. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:

a) Your marriage ceremony was performed in New York State; OR

b) You lived in New York State with your spouse as married persons; OR

3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR

4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce)

Grounds

In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts. The seven legally acceptable reasons, or grounds for divorce, in New York are described in Domestic Relations Law §170.

The most most recently enacted is a irretrievable breakdown in relationship for a period at least six months, this is commonly known as “no-fault divorce”; other grounds listed in the statute are:  cruel and inhuman treatment; abandonment;  imprisonment;  adultery; living separate and apart pursuant to a separation judgment or decree; living separate and apart pursuant to a separation agreement.

 

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