In the sections below, we provide important information helpful if you find yourself in the challenging position of deciding to end your marriage in New York.
New York Divorce Requirements
There are two requirements you must meet for filing for divorce in New York—residency requirements and valid grounds for a divorce.
Residency Requirements
Where you lived during your marriage can impact your eligibility for divorce. You or your spouse must satisfy one of the following conditions to meet New York’s residency requirements for divorce:
- You or your spouse has resided in New York continuously for a minimum of two years before initiating divorce proceedings.
- Either you or your spouse has continuously resided in New York for at least a year before filing for divorce and one of the following applies:
– The marriage occurred in New York
– You both lived in New York as a married couple
– The grounds for divorce occurred in New York
- You and your spouse were New York State residents when the divorce was filed and the grounds for your divorce occurred within the state.
- If you’re unsure about your NY state residency status, check whether you’re registered to vote in New York. You’re also a resident of New York if you’ve spent 184 days or more here.
Grounds for Divorce
Divorce can be a drawn-out, expensive endeavor. This is why, since 2010, New York has allowed both no-fault and fault-based divorces.
No-fault divorces are generally a quicker and cheaper type of divorce. In a no-fault divorce, neither of the spouses is blamed as the cause of divorce. Instead, it’s sufficient to demonstrate that the marriage has been irretrievably broken (you cannot get along with your spouse) for at least six months.
In contrast, fault-based divorce is applicable when one spouse alleges that the other’s misconduct led to the marriage’s dissolution. New York recognizes several acceptable reasons for a fault-based divorce, including:
- Cruel and inhuman treatment within the last five years of marriage
- Abandonment by one spouse for one year or more, which can be physical or constructive (refusal to have sex)
- Incarceration of one spouse for three years or more, starting after the marriage began, with the option to file for up to five years after release from prison
- Adultery by one spouse during the marriage
- Signing and filing a valid legal separation agreement or obtaining a judgment of separation and then living separately for one year
Divorce Process in New York
Filing and serving an uncontested divorce is a relatively straightforward and expedited process since both parties cooperate and have resolved child-related issues and financial matters. There is no need for a trial since the spouses agree on everything. In such cases, divorces can be finalized within weeks, making the process quicker and less complex than fault-based or contested divorces.
However, if the case is contested, that means that settlement discussions and possibly mediation may be needed and if that does not result in an agreement, your case will go to trial. An uncontested divorce can take a year or more to complete.
How Can a Divorce Attorney Help You?
Every divorce is unique—in some cases, couples can collaborate through the proceedings amicably, while in others, the process can quickly descend into chaos. A divorce attorney can be instrumental in making the divorce process easier and can help you navigate the legal maze smoothly and with grace.
Here are some key advantages of hiring a divorce attorney to handle your divorce in New York City.
- Legal expertise. Divorce lawyers understand New York’s matrimonial laws. Their knowledge enables you to make informed decisions, complete necessary paperwork accurately and efficiently and avoid errors that might lead to delays. They will also assist in gathering and submitting the required documentation to the court.
- Fair representation. Divorce is an emotionally charged process that can make you vulnerable to rash decisions that could jeopardize your future. An attorney helps you base decisions on facts and your unique circumstances, preventing emotions from driving choices.
- Protecting your interests. Divorce is emotionally challenging and makes losing sight of long-term consequences easy. A divorce lawyer is your advocate, safeguarding your rights and interests. They assist in resolving complex issues such as property division, debt repayment, child custody, spousal support and protective orders, if necessary.
- Alternative dispute resolution. When direct negotiation is difficult, a divorce attorney can explore alternative dispute resolution methods like divorce mediation, collaborative divorce and arbitration. These approaches aim to reach mutually acceptable solutions amicably, saving time, money and the stress associated with a trial.
How to Find the Best Divorce Lawyer in New York
A divorce is a significant life decision and partnering with an experienced divorce attorney can make the whole process less stressful. You’ll also be more confident in your decisions, as your attorney will ensure that your rights and best interests are protected through the proceedings.
But with options galore, how do you identify which attorney is worth your time? Here are some steps to help you find the best divorce attorney in New York:
- Ask for referrals. Reaching out to your friends, family and colleagues is an excellent way to kickstart your search for a divorce attorney. It’s quite possible that someone in your network has experienced a divorce and can provide valuable insights into their attorney’s quality of service. Personal recommendations can be a valuable starting point for identifying attorneys worth further research.
- Consider experience. Assess the attorney’s experience based on your circumstances. For a high-conflict divorce, seek a lawyer skilled in negotiation and litigation. If both parties aim for an amicable resolution, consider attorneys experienced in alternative dispute resolution methods like mediation or uncontested divorce.
- Schedule an appointment. Interview prospective lawyers one-on-one to gather information about them. Inquire about their firm’s size, local practice experience, values, interests and references. You could also ask how they plan to handle your case to explain the family court system and what to expect regarding child custody, child support and alimony. These questions can help you ascertain the New York divorce lawyer’s depth of knowledge about divorce proceedings.
- Be cautious. Watch out for lawyers who overstate their qualifications, show a condescending attitude, display negativity or lack adequate knowledge of your specific divorce situation. Trust your instincts and choose an attorney who makes you feel comfortable and confident.