Divorce Residency Essentials to Get Divorce in New-york
To file for a divorce in New York, at least one of the following residency requirements will need to be met:
- The marriage ceremony was conducted in New York State, and at least one spouse has been a resident of the state for at least a year before filing for divorce.
- The couple lived together in New York State, and either spouse currently lives in the state and has lived there for at least one year before filing.
- The grounds for divorce occurred in New York State, and either of the spouses is currently a resident and has been a resident for at least one year before filing.
- The grounds for divorce happened within the state, and both spouses are New York residents, though not necessarily for an entire year.
- The couple was married outside the state, the grounds occurred outside the state, and at least one of the spouses has been a resident for at least two years before filing.
The divorce documents provided by OnlineDivorceSolutions.com are the same approved forms created by the New York State Unified Court System.
Appearing in Court
In most cases, you do not have to appear in front of a Judge to file for divorce. You can visit the clerk’s office or have someone deliver documents to the clerk’s office. When the documents are submitted you will receive a case number. After the documents are filed, and fees paid, there may be no further appearances necessary if it is an uncontested divorce. An uncontested divorce makes for a quick and easy divorce process.
Reasons for Divorce in New-york
To file for divorce in New York State, you must establish grounds (legally acceptable reasons).
New York State is particular when establishing a basis for divorce. Some other states allow couples to file for divorce without a lawyer because they don't get along (irreconcilable differences), New York requires grounds for the divorce. A waiting period may be applicable. Regardless of the ground you choose, OnlineDivorceSolutions.com can assist you in completing an uncontested divorce.
The reasons accepted within the state include:
- Cruel and Inhumane Treatment - Treatment that endangers the physical or mental well-being of the plaintiff rendering it unsafe to cohabitate with the defendant
- Abandonment of at Least One Year
- Confinement of the Defendant in Prison for Three or More Consecutive Years After Marriage
- Committing of Adultery (Conduct is further established in New York State Penal Law)
- Husband and Wife Living Apart Under Degree of Separation for One or More Years
- Relationship Broken Down Irretrievably for At Least Six Months, Stated Under Oath
Each ground has its specific waiting period, when applicable.
Further explanations of the grounds for divorce in New York are provided in the instruction list you’ll receive when you decide to utilize a DIY divorce with OnlineDivorceSolutions.com. Our process can be used for any of the six grounds when you choose to file a divorce without an attorney.
The fees for filing divorce papers in the New York courts are in addition to the cost of using OnlineDivorceSolutions.com. The court fees vary from county to county.
Lower Income Status
If an individual doesn’t have the finances available to pay for a divorce action, they may apply to have the filing fees (not the fees from OnlineDivorceSolutions.com) forgiven or waived by the court. OnlineDivorceSolutions.com provides the forms used to apply for having these fees waived.