Grounds for Divorce in New York

Who Can File for Divorce in NYS?

Petition for divorce

Filing for divorce isn’t as simple as it sounds. There are some basic requirements in order to file in the State of New York. Residency requirements as stated in §230 of the New York Domestic Relations Law must be fulfilled which include:

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You and your spouse must be living in the state of New York for at least two years, prior to the filing of divorce; or

On the date of commencing the divorce action, you or your spouse have been living in New York State for at least one year AND your marriage was performed in New York OR you have lived in New York with your spouse as married persons; or

You and your spouse have been living in New York one year prior to filing for divorce, and the grounds for divorce occurred in New York.

In addition to satisfying one or more of the residency requirements, it is necessary that one or more grounds for divorce are met pursuant to New York Domestic Relations Law §170. Some of these grounds include:

  • §170.1 – Cruel and Inhuman Treatment
  • §170.2 – Abandonment
  • §170.3 – Imprisonment During Marriage Over a Period of Three (3) years
  • §170.4 – Adultery
  • §170.5 – Living Separate and Apart Pursuant to a Separation Judgment
  • §170.6 – Living Separate and Apart Pursuant to a Separation Agreement
  • §170.7 – No-Fault

Uncontested divorces, where two people agree to the terms of the divorce, generally don’t last long and can be resolved with minimal trouble. Our team of attorneys and staff can help you with the entire uncontested matter expeditiously. Fault-based and contested divorces are usually long, stressful and emotional. Extra resources, such as private investigators in cases involving adults may be necessary to prove the specific grounds for divorce.

Get a knowledgeable and honest team of lawyers to protect your rights. Contact one of our attorneys at (631) 880-6440 today.

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Let us be your confidant when you have no one else to turn to. Call us at (631) 880-6440 to schedule a free consultation.

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