When you decide you no longer want to remain in your marriage, you may be eager to get this often complicated process over with. However, it’s imperative to ensure that you have met the legal requirements to begin this process first and foremost. If you’re unsure what this includes, you’ll want to keep reading, as the following blog can help you determine if you are eligible to pursue this process. In addition, you’ll learn why working with Nassau County divorce lawyers is critical during these complicated legal and emotional matters.
What Legal Requirements Must I Meet to Obtain a Divorce in NY?
If you wish to file for divorce in New York, you may wonder what, if any, legal requirements you must first meet. Generally, the most important requirement you must meet regards residency. Typically, this can be done by showing that you or your spouse have lived in the state for at least two years before your divorce. However, if both you and your spouse live in the state when filing and the grounds on which you wish to file for divorce occurred in the state, you can bypass this two-year waiting period. Finally, if you or your spouse have lived in the state for one year, you were married in the state, lived in the state as a couple, or the grounds on which you want to file occurred in the state, this also renders you eligible.
Once you have determined that you meet the necessary eligibility to file in New York, you’ll also need to ensure that the grounds on which you are filing are recognized by the state. New York allows both at-fault and no-fault divorces. If you wish to file a no-fault divorce, this means you are not looking to assign blame, but rather filing on the grounds of an irreparable breakdown of your marriage that has lasted at least six months. However, if you wish to file on the grounds that your spouse did something wrong, like abandon you or cheat, you’ll need to prove wrongdoing to obtain the divorce. You should note that generally, an at-fault divorce will not impact the outcome of matters like alimony or child custody.
How Do I Initiate the Divorce Process?
If you are ready to file for divorce in New York, it’s important to understand the steps involved in this process. Typically, you will begin by filing a petition through the court, which includes matters like the grounds on which you are filing and the relief you are seeking as part of the divorce. This relief relates to alimony, property division, and child support, among others. After you have filed this petition, you must serve your spouse with a copy of the document and a summons. This essentially informs them of the legal action taken against them and provides instructions on how to respond to the petition.
Filing for divorce can be an incredibly complicated matter. As such, it is imperative to understand the importance of connecting with an experienced divorce attorney at the Sklavos Law Firm. Our team knows that this process can be overwhelming, which is why were are ready to support you through these difficult times. When you need assistance, contact us today to learn how we can fight for you.
