Divorce New York

Written by Helen Glenn Court
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In divorce, New York--like New Jersey, Maryland, Virginia, Vermont, North Carolina, and Arkansas--does not permit no-fault agreements. The six acceptable grounds for divorce New York are outlined in its Domestic Relations Law, section 170. On qualifying for residency before filing for divorce, New York permits a generous assortment of options.

At-Fault Divorce New York Laws

New York state residency requirement that must be met before you file give you three choices. Firstly, were you married in New York? Did either you or your spouse live in the state for the past year? Secondly, did you live as a couple in New York? Did the party filing for divorce live in the state for the past year? Thirdly, did the grounds for divorce occur in New York? Has one of you has lived in the state for the past year? Another option is that the basis for divorce occurred in New York and both of you now live in the state. The fifth possibility is simply that one of the two parties has lived in New York for at least two years.

There are six acceptable grounds for divorce New York outlines in DRL section 170. These are cruel and inhumane treatment, abandonment, imprisonment, adultery, living separately and apart following a separation decree, or living separately and apart per a separation agreement.

For your divorce New York, proper filing entails a number being assigned to the action. For this, either you or a substitute must appear in person to submit the appropriate forms and attendant fees with the clerk's office. You do not, however, usually appear before a judge to obtain a divorce in New York state.


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