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 NY

  for 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 divorce 

                    incorporating the agreement.

 

CONTACT ME AT TCHANDLER@TCHANDLERLAW.COM