There are seven grounds for filing a divorce in New York, and couples may cite more than one to support their petition.
Whether you live in Long Island or Suffolk County, a divorce attorney will be necessary to help you during the settlement process. Complicated cases often go to trial, which serves as another reason for needing legal counsel.
When a marriage has been deemed over for at least six months without any specific reason, a couple may decide to be separated from each other. Otherwise known as a no-fault divorce, both parties should have settled all concerns — such as property division and child custody — prior to filing a petition.
In case your reason centers on your spouse’s abusive and cruel treatment, you would need to present evidence about your damaged physical and mental health over the last five years. A divorce on the grounds of imprisonment is easier to prove. For instance, your spouse should spend at least three years in jail to validate your petition.
Residency Issues and Other Grounds
Most marriages usually fall apart due to a cheating spouse, although this could be hard to prove in court. If you cite adultery as your reason, be ready to submit evidence from a third party. It will also be more difficult to divorce your spouse if you committed adultery as an act of revenge.
Like any other state, New York also implemented residency requirements. You could file for divorce if you live in the state for two years prior to the start of the case, or the grounds occurred in the state and both of you are already residents at the beginning of the case.
When choosing a lawyer, find one who could provide assistance in a broad range of divorce matters. It would also be more helpful if they are familiar on how to solidify the details and facts surrounding your chosen grounds for divorce.