3 Things To Know About Divorcing In New York

Law Blog

When it comes to marriage, not every union goes the distance. Around 40 to 50 percent of marriages end in divorce in the US. The process of divorcing can range from relatively quick and easy to drawn out and difficult. The divorce process can also vary greatly from state to state. Some states require that couples be separated for a certain amount of time before divorcing while other states do not. For those who are divorcing in the state of New York, here are three things to consider.

New York Is A No-Fault State

In 2010, New York became the last of the states to allow no-fault divorces. With a no-fault divorce, there is no need to prove that the marriage is coming to an end due to something that the spouse did. The only thing that must be stated in the divorce paperwork is that the marriage has been irretrievably broken for six months. No-fault divorces tend to be quicker and easier than fault-based divorces. It's also important to note that fault-based divorces are also still allowed in New York. The grounds for this type of divorce include cruel and inhumane treatment, adultery, abandonment, imprisonment, and living apart for more than one year.

There Are Residency Requirements

There are also residency requirements that go along with seeking a divorce in the state of New York. The couple either needs to be living in New York state for two years continuously before filing for divorce, or one half of the couple needs to live continuously in the state of New York for one year along with the couple having been married in New York. Couples can also seek a divorce if the day the divorce started and the grounds for the divorce happened in the state of New York.

It Can Be Expensive

In New York the average cost to divorce is $17,100, which is 34 percent higher than the national average. The average divorce in New York also takes 9.5 months. In general, the least expensive and quickest divorces in New York are ones where the divorcing couple has no children and decides on a no-fault divorce. When children are involved and the divorce is fault-based, it can take longer and be much more expensive. 

Not every marriage works out. For those who decide to separate, the divorce process can seem overwhelming. When getting a divorce in New York it's important to know that it is a no-fault state. There are also some residency requirements that you have to meet before starting the divorce process. Divorce in New York is also more expensive than the national average.

For more information, contact a company like Law Office of Paul Michalek Jr.


27 February 2018