Getting a divorce is a hard decision that requires careful thought and planning. As an experienced New York divorce attorney, I have helped hundreds of clients navigate through this stressful and difficult time.

While every divorce is unique, there are standard guidelines and requirements that apply to every New York divorce: by understanding the divorce basics, you can be better prepared for your initial consultation with a qualified family lawyer.

There are two requirements for filing for divorce in New York

Before you can file for divorce in New York state, there are two basic requirements that you and your spouse must satisfy: the residency requirement and the “grounds for divorce” requirement. If you or your spouse can’t fulfill these requirements, your divorce will not be approved.

New York’s residency requirement

To satisfy the residency requirement, you and/or your spouse must meet one of the following criteria:

Both you and your spouse are residents of New York on the day the divorce started and the grounds for your divorce occurred within the state;
You or your spouse have lived continuously in New York for two years prior to filing; or
You or your spouse have lived continuously in New York for one year and either:

You were married in New York

You resided in New York as a married couple

The grounds for your divorce occurred in New York

Valid grounds for divorce in New York

The second requirement for obtaining a divorce in New York is you must have a valid (recognized by the state) reason for requesting an end to your marriage. New York law specifies 7 grounds for divorce: 1 “no-fault” ground and 6 “fault” grounds.

Irretrievable breakdown of the marriage for at least 6 months (“no-fault”)
Cruel and inhuman treatment
Abandonment
Imprisonment
Adultery
Divorce after a legal separation agreement
Divorce after a separation judgment

Division of property

New York is an equitable distribution state: this means that, when divorcing couples divide their marital property, it must be distributed in a way that is equitable (but not necessarily equal).

Child custody

The standard for determining child custody is “the best interest of the child” which the court determines by considering a number of factors including, but not limited to: the physical and mental health of each parent, which parent is the primary caretaker of the child, and economic considerations.

Schedule your initial consultation with the Law Offices of Stacy Sabatini, Esq.

The Law Offices of Stacy Sabatini, Esq. are a full-service family law practice that provides experienced and dedicated representation in the areas of divorce, mediation, child custody, support, and all other family law cases.