Residency Requirements:
To file for divorce in New York, one of the following must be true:
* you got married here and at least one of you has lived here for the
last year; or
* you lived in New York together and at least one of
you has lived here for the last year; or
* the basis for the divorce
occurred in New York and at least one of you lived here for the last
year; or
* the basis for the divorce occurred in New York and you
both live here now, not necessarily for a whole year.
If you
weren’t married here, the basis for the divorce didn’t occur here,
you never lived here together, then at least one of you has to have
lived here for at least the last two years.
Legal Separation:
The grounds for legal separation are the same as for ground for
divorce, plus neglect or failure to provide support to the wife.
General Divorce Procedure:
You will need to go the clerk’s office, or have someone deliver
documents to the clerk’s office for you, in order to get a case number
and to file your documents. You will need to file proof of performance
of all the terms in a separation agreement. In addition, a summary
divorce may be granted if:
(a) the spouses have lived separate and
apart for 1 year according to the terms of the separation agreement
or decree; and
(b) proof that the terms were carried out.
In addition, You will also need to file a financial disclosure.
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Grounds for New York Divorce:
No-fault:
New York’s no-fault reasons or grounds for divorce include living
separate and apart for one year under the provision of a written,
signed and notarized separation agreement which must be filed in the
office of the clerk of the country.
The other no-fault ground is living separate and apart for one
year under the terms of a judicial separation decree.
Fault-based:
Fault-based grounds for divorce include:
1) adultery;
2) abandonment for one year;
3) imprisonment for three or more consecutive years;
4) cruel and inhuman treatment.
Mediation or Counseling:
There are no provisions for mediation.
Where to file for divorce:
In the county where either spouse resides.
Title of Divorce action:
Complaint for Divorce.
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