New York Residency Requirements

In order to file for divorce in New York, you or your spouse need to meet the residency requirements which include:

1. Living in New york for a continuous period of 2 years before filing
2. Living in New York as a married couple
3. Grounds for divorced occurred in NY

Grounds for Divorce in New York

New York allows both fault and no-fault grounds for divorce. The most common form is no-fault divorce and can be claimed when the marriage has irretrievably broken down for at least 6 months. Fault-based grounds include adultery, cruel and inhuman treatment, abandonment, imprisonment, or living apart pursuant to a separation judgment or decree.

Filing the NY Divorce Petition

The spouse that initiates the divorce (also known as the “plaintiff”) must file a summons with notice or a complaint for divorce in the appropriate New York court. The petition must include:

1. Information about the marriage
2. Grounds for divorce
3. Any requests for child custody, spousal support, and property division

Serving the Divorce Papers

The spouse filing for divorce must serve the divorce papers to the other spouse (known as the "defendant) within 120 days of filing. This can be done through personal service by a process server or another person over 18 years old who is not a party to the divorce.

Response and Counterclaims

After receiving the divorce papers, the defendant has a specific period (usually 20 or 30 days) to respond. They may file an answer, admitting or denying the allegations, and can also file a counterclaim stating their own grounds for divorce and requests for child custody, support, and property division.

Discovery and Negotiation in NY Divorce Process

During the discovery process in a divorce, both parties can exchange relevant information and documents such as financial records, property valuations, and child custody proposals. Alongside their attorneys, they can negotiate and attempt to reach a settlement agreement. Alternative dispute resolution methods like mediation or collaborative law can also be used to facilitate an agreement.

Court Hearings

If the parties fail to reach a settlement, the case may proceed to court. Common court hearings include conferences to discuss the issues, temporary orders for child custody or support, and the final trial if no settlement is reached.

Finalizing the Divorce

If an agreement is reached, the parties will sign a settlement agreement. If the case goes to trial, the judge will make a final determination on the unresolved issues. Once the judge signs the judgment of divorce, it becomes final. The divorce is complete, and the parties can move forward with the terms of the divorce, including property division, child custody, support, and any other relevant agreements.