Under New York law, you can get a divorce if you meet certain residency requirements. These are important requirements that you must qualify for.

In order to file for dissolution, either you or your spouse must have been domiciled in the state continuously for at least two years, before you filed for divorce.

You can also file for dissolution in the state of New York, if either you or your spouse have been living here continues for at least one year before you filed for dissolution and you got married in the state, or you lived in the state as a married couple, or the cause of the divorce happened in the state.

You can also file for divorce in New York if both you and your spouse are domiciled in the state on the day the divorce was filed, and if the cause of the dissolution occurred in the state.

New York law allows you to file for dissolution based on seven legally acceptable grounds. The first of these is the breakdown in your marriage. This is typically the grounds that you will file on when you want to file for a no-fault divorce. For this, your marriage must have been over for at least six months, and you must have settled all financial issues, including division of property, alimony and custody and support of the children.

There are also fault-based grounds. You can file for dissolution based on cruel and inhuman treatment, and for this, you must provide evidence of specific acts of cruelty that occurred in the last five years. Remember, an argument does not constitute cruelty. You can file for dissolution based on abandonment, and for this, you must establish that your spouse abandoned you for a period of at least one year or more.

You can file for dissolution based on imprisonment, and for this, your spouse must have been in prison for a period of three or more years in a row.

You can file for dissolution based on adultery, and for this, you must provide evidence of adultery. Remember, to file for divorce based on adultery, you must provide evidence from a source besides you or your spouse.

You can file for dissolution  after you have signed a legal separation agreement, and have lived apart for a period of at least one year.

You can also file for dissolution after a judgment of separation, although this kind of divorce is fairly uncommon. Filing for no-fault dissolution is relatively uncomplicated. Talk to a Westchester County divorce lawyer to learn how you can file for dissolution on any of the other grounds.

If you have recently moved to New York, and are now planning to file for dissolution here, speak to a Westchester County divorce lawyer to learn whether you meet residency requirements for filing for divorce in New York State. For other help regarding divorce, including answers to your questions about asset division, determination of child support and child custody, and determination of alimony payments, speak to a Westchester County divorce lawyer.

By: Kimberly Pelesz

Family law and criminal defense attorney Kimberly A. Pelesz received a B.S. degree magna cum laude and an M.P.A. degree summa cum laude from Binghamton University. She earned her J.D. from Pace University School of Law in White Plains, where she was selected for Phi Alpha Delta. Her charitable activities include work with My Sisters’ Place in White Plains and the Westchester County District Attorney’s Humane Education Taskforce.

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