JURISDICTION
You are eligible for a divorce in NY if:
- You resided in NY for 2 years
- Your spouse resided in NY for 2 years
- You were married in NY and you have resided in New York for
one year
- You were married in NY and your spouse has resided in New York for one year
- You having resided in NY as husband and wife and you have lived here for 1 year
- You having resided in NY as husband and wife and your spouse has lived here for 1 year
- The grounds upon which the divorce grounds are founded
occurred in NY and either you or your spouse has resided in
NYfor 1 year
- The grounds occurred in NY and both parties presently reside in NY
GROUNDS FOR DIVORCE
Abandonment for one or more years
- can be physical or constructive
Adultery within the past five years (without your forgiveness)
- This ground for divorce is difficult to prove
Cruel and Inhuman Treatment
- Can be physical or mental abuse
Imprisonment for three or more years
- Can be filed after your husband or wife have
served three or more years in prison
Irretrievable Breakdown (No-fault option)
- You can get a "no-fault" divorce if, according to
either party, the marriage has "broken down irretrievably"for a
period of at least six months. You do not have to be separated
for 6 months, you just have to allege that the marriage has been
completely broken down for at least the past 6 months.
Separation Agreement
- After signing the separation agreement you and
your husband or wife must live apart for a year and then
will be able to file for divorve incorporating the agreement.
CONTACT ME AT
TCHANDLER@TCHANDLERLAW.COM
