State Laws

New York Divorce

     

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 eleven.

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 Distribution
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.

See also:
New York Felony
New York Gun Laws
New York Bankruptcy
New York Misdemeanor External link (opens in new window)
New York Expungement External link (opens in new window)