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How to get a Divorce in New York
October 23, 2019
People always ask me what the residency requirements are in order to get a judgment of divorce in New York State. In order to get a judgment of divorce in New York State usually both parties must live in New York for at least two years. There are exceptions to this rule. The general standard for most divorces is at least one year of residency prior to the filing for divorce. But there are other ways to satisfy the residency requirement. If you or Your spouse has been living in New York for at least one year before the divorce case started and you were married in New York or you lived in New York as a married couple for one year you can satisfy residency. Another way you can satisfy residency is if the grounds for your divorce happened in New York State And both parties have lived in New York for at least one year. Otherwise, if one or the other of you have been residing in New York for at least two years you can get a divorce. The grounds for divorce have changed. There are seven grounds for divorce however the most commonly used one is the so-called no fault ground or otherwise known as irretrievable breakdown in the relationship for six months. You can also still sue one other ground such as cruel and inhumane treatment, abandonment, imprisonment, adultery, divorce after the execution of a separation agreement that has been filed with the clerk of the county, and divorce after there has been a judgment of separation entered.
In New York State the only court that you can go to get a divorce is the Supreme Court. If you want to be the plaintive in the action you must soup for divorce first and serve your husband or wife. We do not have common law marriage is in New York. However, speak to your attorney about this because there could be exceptions such as where there have been partnerships in financial relationships that occurred prior to any marriage.
Just because you sued for divorce does not mean you will automatically get one. Divorces are complicated when the other spouse disagrees with how the property of the parties will be disposed of, child support issues, custody issues, and even spousal support issues. For more information on these issues always speak to a lawyer before trying to file for a divorce.
If you have financial issues, there is a way to go about resolving them without first going to court. You can apply for the alternative dispute resolution process. During this process you work with an attorney to help find a solution. There are two kinds of processes in this area. There is divorce mediation and there is collaborative divorce. However, when you start your divorce if you have no children and no property you might be able to go about it through the uncontested divorce program. These papers are found online.
If you cannot afford an attorney and you have elected to start your divorce on your own, then be sure that you have someone personally serve your spouse through a third party and be sure that said third-party has executed an affidavit of service before a notary. This affidavit of service must be filed with the county clerk’s office before your New York divorce case may be considered by a judge. The next step, if you cannot settle your custody support and property issues, is to ask for judicial intervention by the filing of an RJ. Usually, within 45 days, you will receive notification from the court that you need to appear in front of a judge. From there, there will be financial disclosure of both parties so that you and court are fully familiar with the financial circumstances of the other. Other appointments maybe had such as experts to appraise real estate and attorneys for the children to represent the children. The process gets very complicated, so do not consider any of the above until you have consulted with an attorney of your choice.
If the parties cannot settle the case the court will eventually set the case down for trial and a judge will determine the issues at hand. Tthe above information is not legal advice nor is it intended to be. It is informational in nature and you should consult with an attorney of your choice as to the above information.
By: NYC Divorce Lawyer Lisa Beth OLder