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Residency and grounds for divorce in the state of New York

On Behalf of | Feb 22, 2022 | Divorce |

When a couple unites through marriage, they often do not think about the relationship ever ending. Unfortunately, not all marriages last. It can be a difficult matter to navigate, and while one or both members of the couple want to divorce, it is not always clear if there are grounds for them to divorce. Thus, it is important for couples in New York and elsewhere to determine if they meet the requirements to file for divorce and if they meet one of the acceptable grounds in the state to get a divorce.

Divorce requirements in New York

Those seeking to divorce in the state of New York should understand that there are two requirements that must be met in order to obtain a legal divorce in the state. First, they must meet residency requirements. Next, they must have grounds to divorce, which is a legally acceptable reason to divorce in the state.

Residency requirement

There are three ways to meet the residency requirement in New York in order to file for divorce. First, both spouses are resident in the state of New York on the day they file for divorce and the grounds for divorce occurred in the state. Second, either spouse continually lives in the state for at least two years before filing. Finally, either spouse has continually lived in the state for one year and the couple were married in New York, the couple lived in the state as a married couple or the grounds for divorce occurred in the state.

Grounds for divorce

In the state of New York, there are seven grounds for divorce. This includes irretrievable breakdown in the relationship for a period of at least six months, cruel and inhuman treatment, abandonment or constructive abandonment for at least one year, imprisonment of a spouse for at least three years, adultery, divorce after a legal separation agreement and living apart for at least one year or a divorce after a judgement of separation.

Much like a couple needs to fulfill requirements in the state to obtain a marriage license and get married, the couple needs to meet certain requirements when seeking to dissolve their marriage. Therefore, it is imperative that spouses understand if they meet these requirements as well as the process to obtain a legal divorce in the state.