Petitioning on How Divorce Law Attorney Can Help You In New York is quite a common thing today with many people finding this route easier to take than continuing in a marriage that doesn’t work anymore.
How Divorce Law Attorney Can Help You In New York
In the United States of America, New York happens to be one of the states with the lowest rate of divorce with about 13 couples in 1,000 being divorced.
There are several processes by which couples can initiate the process of divorce, the easiest in New York is, however, by making sure you meet the criteria required for residency.
Before you are eligible for a divorce in the state of New York, there are certain residency requirements that must be met. These include
- The couple was married in the state with any of the two parties being a resident in New York when the lawsuit was filed and has been a resident for a minimum of one year before the petition was filed.
- The two parties were residents in the state during their marriage to each other, and either of the two parties or both were resident when the petition for divorce was filed and has been a resident for a minimum of one year prior to the filing of the divorce petition.
- The grounds on which the marriage is to be dissolved occurred in the state and either party of the couple has been resident in the state for a minimum of one year before the petition for divorce was filed or
- Either of the couples has been residing in the state for a minimum of two years before the petition was filed.
The petition for divorce in the state of New York refers to the primary document registered with the Supreme Court in New York which happens to be the only court in New York that can handle divorce cases.
The Judge of the Supreme Court is the only person with the power to legally split a couple in the name of divorce.
The party that complains about the marriage and seeks its end has to persuade the court to bring an end to the marriage for whatever reason.
This should be valid enough to convince the judiciary that the dissolution of the marriage is for the best. The grounds that might be put forward include the following:
- One of the parties in the marriage is brutal and barbaric towards the other party or others.
- A situation where the plaintiff was deserted for a long period of time from as little as one year upwards
- A scenario where the spouse of the plaintiff is committing adultery and having sex with a third party.
- The couple staying apart from each other for at least 12 months.
- A situation where one spouse was confined in prison for a minimum of three years consecutively or more, after the marriage.
- The relationship between both spouses has deteriorated for a minimum of six months and cannot be reignited
- The spouses have lived separately according to either a memorandum (with specific information) or a written agreement of separation, for a minimum period of one year or more after the agreement had been executed.
- The spouses have lived separately according to a decree or judgment of separation for a minimum of one or more years after the decree has been granted.
However, the state of New York has now become a “no-fault” divorce law state. For this reason, the marriage should have, according to either of the couple, broken down irretrievably for a period of at least six months.
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