Personalized Counsel for Divorce
Our Attorneys Is Ready to Fight for You
The Law Office of Tzvi Y. Hagler, P.C. offers comprehensive services for people going through divorce in Nassau County. Our experienced lawyers can help you navigate the legal complexities of all divorce-related issues, such as division of assets, spousal support, child custody, and child support.
What Are New York's Divorce Requirements?
The state of New York has laws in place that limit how a couple can get a divorce. There are two main criteria that must be met prior to filing for a divorce. The first is the residency requirement.
The residency requirement can be met when:
- At least one spouse has continuously lived in New York for a minimum of two years before filing for divorce
- Either spouse has continually resided in New York for at least one year before filing for divorce and (1) they were married in New York, (2) they lived in the state as a married couple, or (3) the grounds for divorce took place in the state
- Both spouses are residents in New York when the divorce is filed and the grounds for the divorce occurred in the state
If you desire to file for divorce in New York, you are also required to have a legally acceptable reason for the divorce.
The seven grounds for divorce in New York include:
- An irretrievable breakdown in the relationship that has lasted at least six months
- Acts of cruelty that have occurred within the past five years
- Abandonment for a year or more
- Imprisonment for three years in a row
- Adultery committed during the marriage
- A legal separation agreement has been in place for at least a year
- A judgment of separation given by the court for a minimum of one year
Waiting Period for Divorce in New York
Many states have a waiting period for a divorcing couple between the initial petition for divorce and the time the divorce decree is official. The purpose of the waiting period in these states is to give the couple a chance to cool down and be sure that divorce is what they want.
However, there is no formal waiting period for divorce in New York. If both spouses agree to the terms of the divorce, then the divorce process can be completed in as little as a few months. If it is a contested divorce, then the process will likely take much longer.
Does New York Have No-Fault Divorce?
Yes, in 2010, New York became the last state to provide a no-fault option for divorce. New York is not a pure no-fault divorce state since it still has fault-based grounds for divorce. However, couples now have a no-fault option through the ground that states an “irretrievable breakdown in the relationship that has lasted at least six months”.
Since New York joined the rest of the nation with its no-fault divorce option, this has allowed couples the ability to get divorced in the state through a much simpler and less expensive process. No-fault divorces tend to be faster to resolve.
If you have questions about filing for divorce in New York under no-fault or fault-based grounds, don’t hesitate to contact our firm.
Receive the Personalized Attention You Deserve
At the Law Office of Tzvi Y. Hagler, P.C., we understand that every case and every client is unique. Just because our firm has handled numerous divorces in the past, does not mean that we have a one-size-fits-all approach. Our Nassau County divorce lawyers are dedicated to devoting the time and attention necessary to analyze your particular situation and offer the most applicable guidance and solutions.
Dial (516) 514-3868 now to schedule an initial consultation with our compassionate attorneys.