Deciding to end a marriage and file for divorce is an emotionally exhausting decision. Unfortunately, making that decision isn't the end of difficult things to come. NY divorce law, like most other states, has very specific rules and regulations for people to follow when filing for divorce. Acquainting yourself with these laws before proceeding with a NY divorce will be very beneficial in the long run.
One of the first aspects of NY divorce law that's important to know is that there are six causes or grounds for divorce in NY. Four of those are based on fault and two are essentially no-fault. The first fault reason for a NY divorce is cruel and inhuman treatment that puts the person filing for divorce in physical danger or endangers their mental well-being. Another fault reason is the abandonment of one spouse by the other for at least a year. Also, if one spouse goes to prison for three or more consecutive years, an at-fault NY divorce can be filed for. Finally, if one spouse commits adultery while the parties are married, the other spouse can file for an at-fault divorce. An at-fault divorce is when the person filing for divorce accuses the other party of being at-fault for the divorce.
The two situations in which a no-fault NY divorce can be filed for are when the couple has lived separately according to a court separation mandate for at least one year, or when the couple has lived separately according to their own agreement for at least one year. In a no-fault divorce, neither party is considered at fault for the divorce.
In addition to having cause for the divorce, NY divorce laws also mandate certain requirements for obtaining a divorce in the state of NY. A NY divorce may be obtained if one of the following five situations applies. The first is if the couple was married in NY and at least one of them is and has been a resident for at least one year immediately prior to filing for divorce. The next possible condition is if the couple lived in NY as a couple and at least one of them is and has been a resident of NY for at least one year immediately prior to filing. The third possibility is if the reason for the divorce occurred in NY (i.e. the infidelity or inhuman treatment) and at least one of the parties has been a resident of the state for at least one year immediately prior to filing for divorce. The fourth condition is if the grounds for the divorce occurred in NY and both parties are residents of NY at the time the divorce is filed. Finally, if either spouse has been a NY resident for at least two years immediately prior to filing, they can obtain a divorce in NY.
These are just a few of the basic laws regarding divorces in NY. While the state does allow people to represent themselves during divorce proceedings, if a divorce involves complex issues, such as alimony or child custody, it is a good idea to consider consulting a New York divorce lawyer. To find a New York divorce lawyer, you can go to the New York bar association's website at www.nysba.org and click on the link to "Find A Lawyer."