Each state has its own requirements for the divorce process and New York is no different. To avoid mistakes that can be costly and complicate the process, you should learn about the basic aspects of divorce in the Empire State.
The basic requirements
To file for divorce in New York, either you or your spouse must be a legal resident of New York for at least 1 to 2 years. You must also have a legal reason for divorce. In New York, you can file for a no-fault divorce, which implies that the relationship has been irretrievably broken for at least 6 months. However, if you file for an at-fault divorce, you must provide proof of the reason, which can include adultery, abandonment for at least a year, imprisonment of a spouse for at least 3 years of cruel and inhuman treatment. You might also file under this category if you have been living apart after signing a Legal Separation Agreement.
What can you include when you file a petition for dissolution of the marriage?
When you file to end the marriage, you can also petition the court for several other orders. Some of these orders might be temporary and change once the divorce is final. These orders include:
- Name change back to your birth or previous name
- Spousal support
- Child custody and visitation
- Child support
- Division of property for the divorce settlement
- Payment of legal fees if you cannot pay for your own legal costs
- Protection order if there is a concern about safety
Response from your spouse
Once your spouse is served with the divorce and orders petition, they can respond by accepting, not respond at all, which results in a default divorce, or respond by contesting all or part of your petitions. If your spouse contests the divorce, you will receive a notice and the case might go into litigation.