Divorce, also referred to as the “dissolution of marriage”, occurs when a marriage is legally terminated.  New York divorce law governs all matters concerning legal separation, child custody, child support, spousal support, and equitable distribution.  When spouses decide to move forward with a divorce, there is often immense conflict and emotional trauma, especially when children are involved.  For this reason, it is advisable that any person considering divorce speak with a skilled family law attorney.  A family law attorney can inform the person of his/her legal options, provide guidance, and protect the person’s rights. 

Grounds for Divorce
The state of New York has six grounds for divorce.  Four of the grounds are based upon the “fault” of one spouse.  These four grounds are:  abandonment for a period of one or more years, cruel and inhuman treatment, adultery, and imprisonment for three or more years.  The other two grounds, which are considered “no fault”, include living separately for a period of a year under a filed separation agreement in proper form or living separately for a period of a year under a judgment of separation.  

New York Residency Requirements
Before a person can file for divorce, he/she must meet certain New York residency requirements.  Spouses may seek a divorce in New York if they meet one of the following 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.

When our attorneys undertake a case, we put forth every effort into ensuring the comfort and security of our client.  It is our primary aim to protect and guide our clients through these emotionally turbulent times.  At Polanco & Associates, P.C., we are committed to providing our clients with high quality legal representation at a reasonable cost. Therefore, for a free consultation please contact a qualified attorney at Polanco & Associates PLLC. (Jose C. Polanco Esq.)