Grounds for divorce
Where to file for divorce
General divorce procedure
Mediation or Counseling
Rights to maiden name
You may file for divorce in New York if:
- you were married in New York state and at least one of the spouses has lived in the state for at least a year;
- you lived in New York as a family at least for a year and either spouse have maintained his/her residence in NY for the last year;
- the ground for divorce occurred in New York and at least one of the spouses have lived in New York last year before the commencement of action;
- the ground for divorce happened in NY and both spouses currently live in the state.
If none of the above in applicable to your case then you have to be a resident of NY for at least two years to be able to file for divorce in NY.
Since 2010, New York divorce law permits couples to split without proving who is to blame the marriage's collapse, which is "no fault divorce".
Now a spouse has to demonstrate that the relationship between husband and wife has broken down irretrievably for a period of at least six months.
Either spouse may file for divorce on the following grounds:
- The cruel and inhuman treatment of the plaintiff by the defendant that renders it unsafe or improper for the plaintiff to cohabit with the defendant.
- The abandonment of one of the spouses for a period of one or more years.
- The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant;
- The commission of an act of adultery;
- The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory roof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
- The husband and wife have lived separate and apart pursuant to their separation agreement for one or more years. (New York Domestic Relations, Article 10, §170)
What is the difference between fault divorce and no-fault divorce?
A Separation agreement shall be filed in the office of the clerk of the county wherein either party resides. A divorce may be granted based on separation agreement provided parties lived separate and apart for at least one year. Spouses may separate on the same grounds as divorce.
In the Supreme Court of the county where either spouse resides.
Divorce procedure in NY shall be commenced by the filing of a summons with the notice in the Supreme Court of the county where either spouse resides.
If divorce was filed based on irretrievable differences in relationship the couple will be asked to file an affidavit stating that the marriage has broken down irretrievably for at least 6 months and that there is no possibility of reconciliation.
Title of Divorce action: Complaint for Divorce.
Mediation calls to help spouses to reach an agreement on child custody and parenting arrangements, marital property distribution, pension division and maintenance.
New York is an Equitable Distribution state, meaning that if parties cannot agree on property distribution a judge will divide marital property as he/she sees just.
Among the factors taken into consideration by the judge are:
- The age and health of each spouse.
- The length of the marriage.
- The income and assets of each spouse at the time of the marriage and at the time of the separation or divorce.
- If one spouse has been outrageously careless with marital assets.
- If there are children, whether the custodial parent needs the family home and its furnishings after the divorce.
- The likely financial outlook for each spouse after the divorce.
The wife’s maiden name may be restored by court upon request.