Qualifying for Divorce in New York

How to Qualify to File for Divorce in New York

In order to file for divorce in New York, you and/or your spouse must meet certain criteria. You must be legally married to file for divorce, of course, and you must also meet certain residency requirements. These are as follows (you need only meet one of the following to qualify):

• You were married in New York, and you and/or your spouse were a resident of the state for at least 1 continuous year prior to the commencement of your divorce action
• The grounds for divorce occurred in New York and you and/or your spouse has been a resident of the state for at least 1 continuous year prior to the commencement of your divorce
• The grounds for divorce occurred in New York and you and your spouse are current residents of New York
• You and/or your spouse has been a resident of the state for at least 2 years prior to the commencement of your divorce

In addition to meeting residency requirements, you may also have questions about whether you need to establish “grounds” for divorce. Prior to August 15^th, 2010, you would have needed to file for divorce on a “fault” basis. This means that you and your spouse must have lived separately under a legal separation agreement for at least 1 year to file, or you must file for divorce based upon the “fault” of one party: adultery, abandonment, imprisonment or cruel and inhuman treatment. Today, New York recognizes “no-fault” divorce actions, meaning you can file based on irreconcilable differences or incompatibility.

At Jonathan E. Kroll & Associates, PLLC we are committed to helping our clients file for divorce. We understand that this can be a difficult process and that the outcome is of the utmost importance to you and your family. To learn more about how we can help you, contact a New York Divorce Lawyer at our firm today.