In order to file for a NY divorce certain requirements must be met. If not, the divorce may be denied. The first requirement is that either party (husband or wife) has lived in the state of New York for at least the last two years. The second requirement is that either spouse has lived in New York for at least one year and the wedding took place in New York, during the marriage both spouses lived in New York or the cause divorce happened in New York. The third requirement is that both spouses live in the state of New York at the time of filing and the cause of the divorce happened in the state of New York.
Typically, a reason for the dissolution of marriage must be stated in order for the filing to be successful and granted. Without a reason, it is possible that the divorce will not be granted by the state. However, if the couple has legally separated prior, there is no reason required for a NY divorce. The separation may be confirmed through a separation agreement or a court order and that the couple has lived separately and apart for one year.
In contract, if there is a fault-based divorce, no separation is required to acquire a NY divorce. The state of New York considers a fault-based divorce to be described as a marriage that has cruel and inhuman treatment of either spouse (which can include verbal and/or physical abuse), abandonment, three years of imprisonment (in which one spouse has been in jail for three or more years), and/or adultery committed by either spouse.
Finding a New York divorce lawyer is essential to having a messy divorce come through cleanly. While some divorces are amicable, the majority of divorces throughout the country, even the world, are quite messy. Usually, when a relationship ends, especially a marriage, there is going to be a great deal of hurt, frustration, and anger. When such strong emotions are involved, the separation and dissolution process of a divorce, even between two individuals who would otherwise be quite civil, can become quite complicated. A good divorce attorney will make sure that things remain on track and run smoothly.
A divorce is never an enjoyable time for any party involved, however, the faster and smoother the process can be, the better for everyone involved. In the state of New York, the divorce laws are clear and concise therefore the level of frustration is reduced as long as the divorce laws and regulations are followed. Arming yourself with a decent divorce lawyer is also a step in the right direction, especially if things become hostile between the soon-to-be ex-spouses.