Are you Eligible to file for an Uncontested Divorce in NY?
In order to file for an Uncontested divorce in New York State you must meet the residency requirements, have grounds for divorce, and an agreement about the terms of your divorce with your spouse. If these three requirements are met,
you can get divorced without having to appear in Court.
You Meet The NY Residency Requirements If:
You or Your Spouse has Lived in New York State for the Last Two Years and Continues to Reside in NY -OR-
You and your Spouse are Living in New York at the Time You File for Divorce and the Grounds for Divorce
Occurred in New York -OR-
You or Your Spouse has Lived in New York State for the Last One Year, AND a) The Two of You Were Married in NY, or b) The Two of You Lived in New York During Your Marriage, or c) The Grounds for Divorce Occurred in NY.
Do You have Grounds to get a Divorce?
The bottom line is that most people have grounds to get a divorce when both parties are in agreement that a divorce should take place. The party that brings the action must set forth the grounds for divorce in the papers.
Grounds for Divorce in New York State are as follows:
No Fault - Marrage is Irretrievably Broken.
Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.
Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.
Three Years Imprisonment - Spouse has been in jail for three consecutive years.
Adultery – Third Party Proof Required.
Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk or Judicial Order.
Do You have an Agreement?
Typically most people seeking an uncontested divorce have negotiated a basic agreement with their spouse regarding Custody, Visitation, Child Support, Maintenance and the Division of Marital Assets and Marital Debts. So long as you have a basic verbal agreement with your spouse you may proceed with the uncontested divorce. A written agreement will be drafted in a manner that complies with your wishes and New York State Law.