Divorce is the ending, or legal dissolution, of a marriage. New York divorce law governs all matters concerning legal separation, child custody, child support, spousal support, and equitable distribution.

When one or both spouses decide to move forward with a divorce, there is often tension and emotional trauma, especially when children are involved.  Therefore, it is advisable that any person considering a divorce speak with a skilled matrimonial and family law attorney.  A divorce and family law attorney can inform the person of his/her legal rights and provide guidance.

Before spouses can go through the divorce process, they must have grounds for divorce and meet New York State's residency requirements.  If these mandatory requirements are not met, the parties may not be permitted to divorce.

RESIDENCY REQUIREMENTS

Spouses may seek a divorce in New York if they meet one of the following residency conditions:

• Both spouses were married in New York as husband and wife, and either spouse is and has been a resident of New York for a continuous period of a year immediately preceding the divorce action.

• Both spouses have resided in New York as husband and wife, and either spouse is a resident of New York when the action commenced, and has been a resident of New York for a continuous period of a year immediately preceding the action.

• The grounds for divorce occurred in New York, and either spouse has been a resident of New York for a continuous period of one year before filing for divorce.

• The grounds for divorce occurred in New York, and both parties were residents of New York at the time of filing for divorce.

• Either spouse has been a resident of New York for a continuous period of at least two years immediately preceding filing for divorce.

GROUNDS FOR DIVORCE

Unlike almost every other state in the country, New York does not have true "no-fault" divorce.  In other words, "irreconcilable differences" is not a legal ground for divorce in New York.

New York has six legal grounds for divorce:

• Abandonment for a year or more
• Cruel and inhuman treatment
• imprisonment of more than three years
• adultery
• living separately for a period of a year under a filed separation agreement in proper form
• living separately for a period of one year under a judgment of separation

SEPARATION OR DIVORCE?

Sometimes, couples decide to separate rather than divorce.  Religious beliefs, concerns for children, or financial and medical issues make separation the right choice.  A legal separation is not a "trial" separation. Grounds for separation are similar, but not identical to the grounds for divorce. 

A legal separation is the result of a judgment of the Court or a written agreement, signed by both parties, that authorizes spouses to live separately.  The terms of the separation usually address child custody and support, spousal support, and distribution of marital property. 

If you are contemplating a legal separation or divorce, you need a caring, compassionate attorney. Contact the divorce law offices of Bassett & Bassett, P.C., for advice and explanations to all of your family law questions.

Bassett & Bassett, P.C.
320 Carlton Avenue, Suite 4200
Central Islip, NY 11722
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Phone: 631-234-2511
Emergency (24 hour) Phone: 631-312-4439

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