Divorce is and can be an arduous task, as with all other legal issues. On this matter, we will discuss about New York state divorce laws. The laws are unique in the sense that it differs from divorce laws in other states. Couples intending to file a divorce in New York should understand the laws concerning divorce filing.
New York does not have no-fault divorce as such. Instead, New York has its own version of a no-fault divorce. Under the New York state divorce laws, it requires the spouses to live separately for at least a year before the divorce can be filed. The parties involve must first execute what is known as a Separation Agreement. This Separation Agreement is to be filed at the local County Clerk before the one-year period can commence. The spouse suing for divorce must subsequently prove that he or she have performed the terms and conditions in the Separation Agreement to be entitled to file a divorce.
Besides the Separation Agreement, there are other grounds for divorce under the New York state divorce laws. Among them are:
o Residency Requirements. Under Domestic Relations Law §230, one of five requirements have to be fulfilled before the divorce can be filed.
o Serving the Summons and Complaint. Spouses suing for divorce must ensure that the court have jurisdiction over the defendant by ensuring a Summons and Complaint or a Summons with Notice can be served.
Finally yet importantly, a person has to satisfy one of six the grounds for divorce which are stipulated in Domestic Relations Law §170. These six grounds are:
o The defendant treating the plaintiff cruelly and in an inhuman manner, such as physical and verbal abuse.
o The abandonment of plaintiff by the defendant for a period of at least one year or more.
o The defendant being confined in prison of 3 years or more after the marriage has taken place
o Acts of adultery by the defendant. This refers to sexual acts and intercourse performed by the defendant with a third party other than the plaintiff after the marriage.
o The parties having lived apart in pursuant to a judgment or decree of separation of at least one or more years and substantial proof submitted by the plaintiff in fulfilling these conditions.
o The fulfilling of the Separation Agreement must be keen. This is the most common ground used by most people to secure a no-fault divorce. This is in accordance with both the plaintiff’s fulfillment of the said conditions.
These are among the grounds that people can use in filing for divorce under New York State Divorce Laws. When in doubt, always engage the services of lawyers who are well versed in this field.