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2 requirements to begin a divorce case

by | Dec 30, 2019 | Family Law |

Sometimes, there is no solution for a bad marriage other than to get a divorce. You may try to save the marriage, but if it does not work, then you need to begin the steps to legally end it. Because marriage is a legal institution, you have to use legal methods to end it. If you want to seek a divorce in New York, then you must meet the requirements for a divorce set by state law.

The New York State Unified Court System explains that there are two main requirements you must meet before you can begin your divorce filing. The first is that you must have grounds to seek a divorce. The second is that you must meet residency requirements.

Grounds for divorce

Every state has its own grounds for divorce, which is the reason why you want to end your marriage. In New York, you have seven from which to choose. One of the most common is the irretrievable breakdown of the marriage. This simply means that you cannot repair your relationship and feel that divorce is the best option. It does require that this is an ongoing issue lasting at least six months.

You may also use abandonment, adultery, and cruel and inhuman treatment as grounds. If your partner is in prison for at least three years, you may also use that as grounds. Finally, if you and your spouse live apart and have separate lives either due to a decree, judgment or separation agreement, this also is grounds for divorce.

Residency requirement

Because each state manages the legal institutions of marriage and divorce for its own citizens, you have to be a citizen of New York to divorce here. The requirement is that you have lived in the state for at least one continuous year. Only you or your spouse must meet this requirement.

Choosing to get a divorce is a difficult decision. Before you begin the process, make sure that you meet the requirements so that you can start the process without delay.