What Are the Grounds for Divorce in New York?
New York has a residency requirement, which means that you or your spouse must have been living in the state continuously for at least two years before you can begin the divorce process or are residents of the state on the day that the divorce is initiated. The grounds for divorce may be based on the following reasons:
- Cruel and inhumane treatment
- Divorce follows a formal legal separation agreement
- Divorce follows a judgment of separation
- The marriage is "irretrievably broken" and has been so for at least 6 months
As your situation may have unique circumstances, please do not hesitate to speak with our divorce lawyers at MONTEFUSCO | PAMMER for further assistance. We can discuss the laws and the specifics in relation to your case.
How Long Does a Divorce Take in New York?
The average time frame for divorce to finalize in the state of NY is between twelve to eighteen months. It takes approximately two to four months from the time the divorce papers are submitted to the court to review and signed off on by the assigned judge. The time it takes for a divorce to finalize can vary due to the type of divorce and circumstances between the divorcing parties.
If you have an uncontested divorce, the entire process may be finished within two to three months. However, it can take up to a year or even more, depending on your situation. Additionally, you must factor in the time it takes to compile all of the necessary documents, as well as the court's own timeline for scheduling. Remember that there are also residency requirements necessary before you can file. You or your spouse must have been a resident of New York State for at least one year, uninterrupted, prior to filing.
Handling All Divorce Matters in Suffolk County, NY
Divorce can make an impact on multiple areas in your life. For years our divorce lawyers have been committed to gaining the necessary knowledge and skills to be able to best help people navigate through all kinds of divorce-related issues.
We handle all matters that arise during divorce disputes including:
- Divorce enforcement
- Divorce modification
- Gray divorce
- Same-sex divorce
- Spousal maintenance
- Child support
- Child custody
- Child relocation
- Legal Separation
- Property Division
- Prenuptial Agreements
Divorce in NY: Your Rights
You can divorce your husband or wife without his or her consent in New York. This is just one of your many rights. Other rights both couples have in divorce proceedings could include:
- An interest in all marital assets and debts acquired during the marriage. Each person has a financial interest in all assets, cash, investments, and debts accumulated over the course of the marriage. This includes the marital home.
- Access to minor children. You have a right to have access and/or custody to your minor children.
- The right to remain in the marital home until the divorce is finalized. You do not have to move out of the marital home right away. Some couples do decide to remain living in the same home, for financial reasons, but live apart and separate.
- The right to seek a restraining order against the other person. In violent domestic situations, you do have the right to request a restraining order from the courts.