Once you have decided that your marriage is over you need to file for divorce. However, understanding the requirements for the termination of the relationship is crucial. New York generally does not mandate how long you must be separated from your spouse to get a divorce but certain grounds will have associated time requirements. Work with a Suffolk County legal separation lawyer during your divorce case to ensure you are adequately prepared and represented during the proceedings.
How Can You File for Divorce?
Petitioning the court for a divorce requires filing a complaint. Before you can file, however, you must determine two things.
First, you should check your state’s residency requirements. In New York a couple can be eligible to file for divorce given that:
- Either spouse has been continuously living in the state for at least two years.
- Either spouse has been continuously living in the state for at least one year and you got married in the state, lived in the state as a married couple, or the grounds for divorce occurred in the state.
- Both spouses are residents of the state on the day the divorce is started and the grounds for divorce occurred in the state.
After ensuring you or your spouse meet the residency requirements to file, you must establish the grounds for the divorce. The grounds are the reasons why you wish to end the marriage. They can be fault-based or no-fault depending on the circumstances. The following are the seven legally acceptable reasons for divorce in New York.
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Adultery
- Irretriebavle breakdown
- Legal separation agreement
- Judgment of separation
How Long Do I Have to Be Separated to Get a Divorce?
New York state law does not require a mandatory separation period before granting a divorce. While several states do, under most circumstances couples who file for divorce can finalize the decision as soon as the main issues are settled, including property division, alimony, child custody, and child support.
With that being said, depending on the grounds that the couple files under they may need to meet certain requirements regarding time spent apart. Consider the following.
Separation
As established, couples can file for divorce using a separation agreement. The agreement details the division of all important aspects of their lives like their property, money, custody of any children, and more. After signing the separation agreement the couple must separate and live apart for at least one year before getting divorced.
Abandonment
For a spouse to file for divorce based on abandonment, the other spouse must have lived outside of the marital home for one year or longer.
Irretrievable breakdown
To file under this no-fault ground, the marriage must have been broken for at least six months.
Incarceration
A spouse can file for fault-based divorce based on their partner’s imprisonment. To use this ground the arrested spouse must be in prison for three or more consecutive years after the date of the marriage.
For more information specific to your situation contact an attorney at Peter V. Mandi & Associates.
