New York Divorce Laws You Should Be Aware Of
Whether you are considering a divorce or are already in the middle of divorce proceedings, understanding some of the basics of divorce laws in New York can help you through the process.
No-Fault Divorce Permitted
Although New York was the last state in the country to allow for a no-fault divorce, it is in full effect now. This means that either spouse can request a divorce without having to prove the fault of the other, and instead simply signing a sworn statement that there has been an “irretrievable breakdown in the marriage for at least six months”. A final divorce order is now much easier to secure than before the no-fault New York divorce laws were in effect.
Residency Requirements for Filing in New York
Before you file for divorce, you must meet certain New York residency requirements. First of all, if either spouse has lived in New York for two years or more prior to the divorce, the suit can be filed in the state. However, if the reason for divorce occurred in New York AND both spouses lived in New York at the time when the suit is filed, it can also be filed in the state. The last residency option is that if either you or your spouse lived in New York for at least one year immediately before the suit is filed AND you (a) got married in New York, or (b) lived as a married couple in New York or (c) the reason for divorce occurred in New York.
Living with Your Spouse
You can still get divorced in New York if you are living with your spouse. If you file a fault-based divorce, you can remain in the home with your spouse at the time of filing. However, you may want to consider moving out for safety reasons.
You do not have to live separately from your spouse for a no-fault divorce if you claim that the marriage broke down for at least six months before filing suit.
Contact the Sabra Law Group Today
If you are considering filing for divorce in New York or need representation in a divorce filed by your spouse, having an experienced divorce advocate can help you navigate the process effectively. An experienced attorney can ensure that you are protected under divorce laws and can move on with your life.
Call the Sabra Law Group at 646-472-7971 to discuss your divorce case today. Attorney Sabra Sasson helps clients through the entire divorce process in New York to protect their interests. Contact the Sabra Law Group for representation in your New York divorce case.
