If your marriage has ended, the next logical step is to explore the legal process of filing for divorce. It’s crucial to understand that each state has specific requirements that must be fulfilled before you can officially initiate a divorce complaint. Please continue reading to learn the legal requirements for getting a divorce in New York and how a seasoned Suffolk County Divorce Attorney can assist you. 

What Are the Legal Requirements for a Divorce in New York?

First, it’s important to understand that all states have laws that govern the divorce process. These laws can be complex, which is why it’s imperative to enlist the help of an experienced Suffolk County divorce attorney who can help guide you through your legal options.

While every case is unique, there are generally two legal requirements that must be met before you can file for divorce in New York. You must satisfy the state’s residency requirements and have a legally acceptable reason, or “ground,”  for the divorce.

What Are New York’s Residency Requirements for Divorce?

Before you can pursue a divorce in New York, you must satisfy the state’s residency requirements. To file for divorce, either you or your spouse must have lived in the state as a resident for at least one year before filing, provided that either your marriage took place in New York, you lived together as a married couple in New York, or the grounds for the divorce occurred within the state. If none of these factors apply, then both spouses must have been living in New York for at least two years before filing a divorce complaint.

What Are Valid Grounds for Divorce in New York?

In addition to meeting the state’s residency requirements, you must provide evidence of a valid reason for the dissolution of your marriage. New York recognizes the following grounds for divorce:

  • Adultery
  • Abandonment (for at least one year)
  • Extreme cruelty
  • Imprisonment (incarcerated for three or more years after the marriage)
  • Institutionalization
  • Separation (you and your spouse have lived apart for one year)

You should note that New York courts only require you to prove grounds in a contested divorce case. If you file an uncontested divorce, you can cite the irretrievable breakdown of your marriage, meaning the marriage has been broken down for at least six months before filing without any chance of reconciliation.

If you have decided to get divorced, please don’t hesitate to contact an attorney from the Law Offices of Susan A. Kassel, P.C. who can help you navigate your legal options. Our firm is prepared to protect your rights and interests. Connect with us today to schedule a consultation.