How to Get Divorced in New York
What does it take to get divorced in New York?
Well, it’s not that complicated.
First, you have to be married—legitimately married. It doesn’t matter if you were married in New York, California, or even London. As long as the marriage is valid, you can get divorced.
You also need to live in New York or have a place of business here, and you must have been in the state for at least a year to establish the residency required to file for divorce in New York.
When it comes to the grounds for divorce—the reasons for getting divorced—you don’t need a huge reason. It used to be that adultery, abandonment, or a situation called constructive abandonment (where one spouse moves out and refuses to return) were required. There were also cases involving cruel and inhuman treatment.
However, now, as long as one person can allege an irretrievable breakdown of the marriage for at least one year, that’s enough to get divorced. There’s no waiting period, no requirement for a separation agreement, and no legal separation or cooling-off period necessary.
If you have more questions about how to get divorced in New York, give us a call. I’m Katherine Miller, and we’d be happy to help you.