What Are the Divorce Requirements in New York?
If you have been contemplating divorce in New York, you are probably wondering what the requirements are. Every state has different laws and requirements for filing for divorce. Below, we will share what the divorce requirements are in New York.
New York Residency Requirements Must Be Met
In order to qualify for residency requirements in NY, you and your spouse must meet the below requirements:
- Have lived in New York for at least 2 years prior to filing for divorce
- Have lived in New York for 1 year, and you got married in NY and lived as a couple in New York. Furthermore, the cause of your divorce must have happened in New York
- You both currently live in New York and the reason for your divorce occurred in New York
What Are Your Grounds for Divorce?
The grounds for divorce can be categorized into 2 categories:
- No-Fault Divorce: in a no-fault divorce, you do not have the burden to prove that your spouse did anything wrong. You just have to be able to show that your marriage has been “irretrievably broken” for at least 6 months.
One of the advantages of choosing a no-fault divorce in New York is that is less adversarial and not as complicated.
- Fault-Based Divorce: in a New York fault-based divorce, you will have to prove one of the following reasons:
- You were abandoned for at least 1 year
- Did you experience physical or emotional abuse (cruel or inhuman treatment) that created an unsafe environment for you
- Cheating in the marriage (adultery)
- Was your spouse in prison or jail for 3 or more years
- Were you living apart for at least 1 year being legally separated or ordered to live apart by the court
A New York Divorce Lawyer Can Help You Sort Through Custody and Division of Assets
Depending on if there are children and assets involved in your divorce, that can complicate matters. A New York divorce lawyer or divorce mediation attorney can help you come to an agreement on difficult divorce matters.
How is Property Divided in a Divorce in New York?
New York state abides by the “equitable distribution” rule. Equitable distribution does not necessarily means a 50/50 split. The court will consider factors such as both spouse’s income, how long they were married, and what each person contributed to the household.
What Do NY Courts Prioritize When it Comes to Child Custody?
The courts will always put the best interest of the child or children first. The court will want to know how involved each parent will be in the child’s life and how the parents plan on providing a stable home environment for the child.
How do you know how much child and/or spousal support you will receive?
If you have been married for a while and there is a large income disparity, then there will likely be some amount of spousal support for a particular duration, typically depending upon the length of the marriage. The courts will apply a formula to determine how much spousal support will be awarded and then arguments can be presented to dispute or challenge how much the support is and for how long it is to be paid.
If there are children under the age of 21, then child support will need to be calculated and determined, which is also upon application of a formula. In addition to basic child support there may be add-ons such as child care or private school or camp expenses to share with the other parent.
How Can You Determine Which Option is Better for You?
If you are looking for a quicker divorce that is less complicated, you may want to consider an uncontested divorce. An uncontested divorce is a good option if you are opting for a less expensive and quicker divorce.
However, if you have lots of assets or complicated issues that cannot be resolved easily, you may need to have a contested divorce.
A contested divorce may take a lot longer to finalize and be more adversarial. However, if you are not able to come to an agreement on matters such as custody and division of assets with your spouse, you may have to take this route.
Do You Have Questions About the Divorce Process or Requirements in New York?
Contact Sabra Law Group today at (646) 472-7971 to schedule a confidential divorce consultation.