Steps to Filing Divorce in New York City

You should talk to a trustworthy lawyer for counsel if you are considering dissolving your marriage. The New York City divorce attorneys at Bernfeld, DeMatteo, and Bernfeld are practiced in handling all phases of divorce, including the often complicated procedure of filing.

To file divorce in New York City, it is necessary to meet certain requirements based on residency and to cite specific grounds for divorce in your claim.

Residency requirements for when you need to file divorce in New York City

Your marriage must meet at least one of the following criteria to qualify for New York divorce:

  • You and your partner were married in the State of New York, and one of you has been residing in New York for at least one year leading up to the time you file for divorce
  • You and your spouse have lived in New York as husband and wife, and at least one of you has been a legal resident of New York for at least one year preceding the divorce filing
  • The incident that compelled you to file for divorce occurred in New York, and you or your spouse has been living in New York for at least one year
  • The cause of your filing for divorce occurred in New York, and at the time of filing for divorce, both you and your spouse are residents of New York
  • Either you or your spouse has been a legal resident of the state of New York for at least two years immediately preceding the initiation of the divorce proceedings.

Grounds for filing divorce

Once you establish that you meet the necessary residency requirements, you can take the steps to file for New York City divorce. First and foremost, you should meet with a qualified divorce attorney in New York City who can help you identify your options and choose the most appropriate grounds upon which to file your claim. The acceptable grounds for divorce in New York City include cruel or inhuman treatment (the presence of physical, verbal, or emotional abuse), abandonment or lock out for one year or longer, and adultery. In addition, you may file for New York City divorce if your partner has been imprisoned for three years or longer.

After filing

Immediately after filing divorce in New York City, your spouse is served with the claim, which contains instructions on how he or she should proceed. Your spouse will likely decide to seek consultation with a New York City divorce attorney and will then prepare a response, sometimes containing a counter claim. At this point, your divorce process is under way.

For help filing divorce in New York City

A skilled lawyer can assist you with the process of filing for divorce in New York City. Speak with a New York City divorce lawyer from Bernfeld, DeMatteo, and Bernfeld, LLP today for more information.

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