New York City Divorce Lawyers

Who can initiate a divorce in New York?

If you are thinking about getting a divorce in New York City, you should be aware of the jurisdiction laws regarding eligibility.  Any couple who meets one or more of the following criteria may initiate divorce action in New York:

• One or both partners has been living in New York for a minimum of two years.
• The couple got married in New York, and one partner has been living in New York for the last year.
• The grounds for divorce occurred in New York, and at least one partner has continued to live in New York for at least the last year.
• Both spouses currently reside in New York, and the grounds for divorce occurred in New York.

Contact a qualified New York City divorce lawyer to find out if you are eligible to divorce in New York.  A good attorney can help you establish grounds for the divorce, and protect your interests throughout the process.

Divorce grounds in New York City

In August 2010, the governor of New York signed the No-Fault Divorce Bill, allowing couples to divorce on the grounds that their marriage has been irretrievably broken for at least 6 months prior to filing.  Before this bill was approved, New York recognized divorces only upon fault-based grounds.

A partner may still initiate an at-fault divorce by citing that the other partner is guilty of wrongful behavior.  The following grounds are two common reasons for at-fault divorce in New York City:

• Abandonment.  In order to qualify for abandonment grounds, one partner must have either left his or her spouse or locked the other spouse out of their residence for a minimum of one year.  A spouse can also cite constructive abandonment as grounds for divorce, which occurs when one partner withholds sexual relations from the other spouse without providing a valid reason.
• Inhuman treatment.  Inhuman treatment must have occurred during the marriage and within five years previous to initiating divorce.  Inhumane treatment includes both mental and physical abuse, and the court must decide that it is unsafe or improper for the innocent spouse to remain living with the at-fault spouse. Examples of inhumane treatment as grounds for divorce include the following:



Using household money for drugs or gambling	Falsely accusing the innocent partner of an affair
Unexplained absence from the marital residence overnight	Physical or verbal abuse

Other valid grounds for divorce include adultery, or if one partner has been imprisoned for at least three years.

Types of divorce

There are two main types of divorce in New York City and state—uncontested divorce and contested divorce.  A divorce is uncontested if you and your spouse have no unresolved disputes, and you agree upon the grounds for your divorce and other factors such as child custody, spousal and child support, and division of finances and property.  A divorce is contested if it involves a dispute over any of these issues. 

Experienced divorce lawyers in New York City

The New York City divorce attorneys at Bernfeld, DeMatteo, and Bernfeld, LLP have experience handling all types of divorce cases and can help you obtain a fair settlement no matter how complicated your situation might be.  Contact Bernfeld, DeMatteo, and Bernfeld, LLP today if you are searching for accomplished divorce lawyers in New York City.