Getting Started: Filing for Divorce in New York (Residency Requirement)

Going through a divorce is an emotional and difficult time; even if both of you agree on everything, it is always recommended to review with an attorney. There may be property that needs to be divided or child support to be awarded, our Westchester family law attorneys will help you through the challenging process of filing for divorce.Rome visit, June 2008 - 57

 Two initial requirements exist in order to file for divorce in New York:

1. Residency: there are several ways to claim residency –

a. You or your spouse have lived in New York for the prior two years, or

b. You were either married in or lived as husband and wife in New York and have been living in New York for the prior year, or

c. You or your spouse have lived in New York for the prior year and the grounds for divorce happened in New York.

2. Grounds: New York is a no-fault state and does not require a greater reason for the divorce, other than the marriage is irretrievably broken.

However, New York does recognize other grounds for divorce including: cruel/inhuman treatment, abandonment, imprisonment, adultery, living separate under a separation judgment or agreement.

** If you claim a no-fault divorce, the marriage must have been broken for at least six months before filing.

Once a decision to divorce has occurred, we will work with you to prepare all the necessary court documents required to obtain your divorce. Our lawyers will be with you every step of the way; explaining the process and the requirement for obtaining a divorce and being there through the final court hearing.

Our Westchester family law attorneys will be able to assist you during these sensitive times and ensure the best interest of your family are preserved. Please contact our Westchester Divorce Attorneys today at (914) 864-2465 or (845) 628-4301 to discuss your rights.


photo by: Ed Yourdon