New York Divorce Requirements
Divorces are filed to the county district courts where individual live.
If individuals live outside of New York they cannot file for a divorce
in New York unless one of the individuals is a New York resident. New
York laws states that to be considered a state resident an individual
must reside in the state for a minimum of one year.
Other stipulations include being married in the state of New York,
having at least one spouse be a current New York resident, the causing
of the divorce began in the state with at least one individual being a
state resident, both individuals being state residents, and either
individual being a continuous state resident for a minimum of two years
prior to divorce filing.
Under New York law either individual may file for divorce in his or her
county if the spouses live in different New York counties. In this case
the petition may be filed in his or her county of residency or his or
her spouse's county of residency.
New York Grounds for Divorce
New York law states that when a divorce is petitioned the individuals
must state the reasons for wanting a divorce. These reasons are called
the grounds for divorce. Divorcing grounds are different in each state,
so grounds for divorce may be legal in one state but may not be legal
in the state of New York.
When petitioning for a divorce the individuals may decide upon which
divorce grounds they are filing. One individual may petition for
divorce and state the divorce grounds but will have to prove these
grounds with evidence before the court.
New York has six different grounds on which a divorce can be
petitioned. The first is that of inhuman and cruel treatment of one
individual to the other. This can include physical endangerment or
mental harassment while cohabitating.
The second set of grounds includes the abandonment of one individual by
the other for a minimum of one year. The third section of grounds is
based on conviction to a jailing facility for three or more years where
no cohabitation is possible.
The fourth set of grounds includes the committing of adultery by one
individual. Under this section adultery is defined as voluntary sexual
conduct with another individual other than a man or woman's spouse.
Sexual conduct stipulations are outlines in New York articles ten and
The fifth set of grounds includes the individuals involved living in
separate homes for a minimum of one year prior to divorce petitioning
with a decree of separation. Proof of separation will need to be
provided. The sixth and final section of divorce grounds includes
separation due to written agreement for a minimum of one year. This
kind of agreement must be filed with the county clerk's office and will
need to state the addresses of the individuals and the date of filing.
Property in New York is distributed fairly and not necessarily equally
based on equitable distribution. If the individuals cannot reach
settlement agreements, the court will distribute the property
accordingly after considering each individual's circumstances.