Understanding Divorce law

New York City divorce laws

Divorce laws in New York City stipulate the requirements a person or couple must meet in order to be granted a divorce. It is necessary, first and foremost, for the New York Supreme Court to have jurisdiction over case. Eligibility for divorce based on jurisdiction is determined by your status as a resident of New York. Please refer to the following requisites to determine your eligibility for divorce in New York, at least one of which must be met:

• You and/or your partner have lived in New York for at least the last two years
• You and/or your partner have lived in New York for at least the last one year AND
  • Your marriage occurred in New York, OR
  • You and your partner lived in New York for some period of time during the marriage, OR
  • The grounds for divorce occurred in New York
• You and your partner both currently live in New York, and the grounds for divorce occurred in New York

Establishing grounds

Under New York City divorce law, it is required that you cite at least one of a number of reasons you wish to divorce. The following are acceptable grounds for divorce in New York:

• Divorce following a legal separation. If you and your spouse have been legally separated by separation agreement or by separation judgment for a minimum of one year, it is relatively easy to use the terms of your legal separation as a basis for divorce. Only in these cases are the grounds accepted not fault-based. A lawyer can help you file the paperwork to make your divorce official if you qualify.
• Cruel or inhuman treatment. If your marriage involved abuse (physical, emotional, or verbal), or situations in which your health and/or wellbeing was endangered, you can cite cruel or inhuman treatment as grounds for divorce.
• Abandonment. If your spouse left or abandoned you for one year or longer, either by physically leaving your residence or by locking you out of your residence, you can cite abandonment as grounds for your divorce. In addition, withholding sexual relations for at least one year can qualify abandonment in certain situations.
• Adultery. If your spouse was unfaithful to you during the marriage, you can cite adultery as grounds for divorce. Note that you will be required to provide evidence from a third party that your partner committed adultery.
• Imprisonment. If your spouse spends three consecutive years or longer incarcerated, you can file for divorce on those grounds while he or she is still in jail, or for up to five years after he or she is released.

Contact an experienced professional today for help understanding New York City divorce law

If you have any questions regarding divorce law, a New York City divorce attorney from Bernfeld, DeMatteo, and Bernfeld can answer your inquiries. Contact us today for a consultation.