DIVORCE IN NEW YORK

Jurisdiction - There is a residency requirement for all persons looking to obtain a divorce in New York. In order to commence an action for a divorce, a judicial separation, or an annulment, one of the five requirements below must be satisfied:

• Either party has lived in New York for two or more years prior to filing for the divorce.
• The parties were married in New York, and either party lived in New York for at least one year prior to filing for the divorce.
• The parties resided in New York as husband and wife, and either party lived in New York for at least one year prior to filing for the divorce .
• The grounds for divorce occurred in New York, and either party lived in New York for one year or more prior to filing.
• The grounds for divorce occurred in New York and both parties reside in New York at the time the divorce action is filed.

If none of the residency requirements are applicable, New York lacks jurisdiction to grant the divorce

WHAT ARE THE GROUNDS FOR A DIVORCE?

Unlike most other states that grant no-fault divorces, in order to get a divorce in New York, one of the following grounds must exist:

CRUEL AND INHUMAN TREATMENT

Cruel and inhuman treatment can involve physical or mental cruelty. The treatment must have a severe effect on the physical or mental well-being of the person filing for the divorce, such that it is unsafe or improper for them to cohabit with their spouse. Some examples of cruel and inhuman treatment include:

• Physical attacks
• Constant screaming, constant use of profanity, or verbal abuse
• Frequent gambling, to the point where the household has little or no funds
• The other spouse is away from home too often without a reasonable explanation
• Cruelty or violence i.e., when the other spouse becomes intoxicated

Please give our attorneys a detailed history of your marriage so that we can judge whether or not we have sufficient grounds.

ABANDONMENT

Abandonment occurs when one spouse intentionally leaves the other spouse without consent or justification, and without any intent to return to the marital home.

Constructive Abandonment is when one spouse refuses to have sexual relations with the other spouse for at least a year.

IMPRISONMENT FOR THREE CONSECUTIVE YEARS

Before a divorce action can be brought against an imprisoned spouse, he/she must have been incarcerated for three or more consecutive years. This applies even if the conviction is later overturned or reserved on an appeal. In order for this ground to be sufficient, the incarceration must last for a minimum of three consecutive years.

ADULTERY

When one spouse brings an action upon the grounds of adultery, especially in a contested divorce, it is not simple. Proving this ground can be very difficult. In order to prove this ground, one must usually present a witness who has first-hand knowledge about the adultery. Parties alleging adultery are not permitted to prove the alleged adultery through their own testimony. In many cases it is necessary to hire a private investigator to obtain the evidence needed for the trial. It is important that you discuss this issue with your attorney carefully.

LIVING APART FOR ONE YEAR

A separation agreement is a contract prepared by an attorney wherein the parties agree to live separate and apart from each other. The document states the rights and responsibilities of the parties and discusses issues such as child custody, visitation rights, child and spousal support and any other issues pertaining to the marriage. After one year of signing the separation agreement, either party may file for a divorce. However, the attorney who developed the separation agreement is prohibited from representing either spouse in the subsequent divorce action.

When contacting us, please give our attorneys a detailed history of your marriage so that we can determine whether or not there is a sufficient ground upon which to maintain a divorce action.