Most people know that there are certain family law issues that must be resolved before a divorce judgment can be granted, such as child custody, alimony, and property division, just to name a few. However, many may not be aware that there are certain legalities that must be completed before the divorce case can even begin.
The first requirement is that of residency. This means that before a divorce can be obtained in New York, the parties must show that they have lived in the state for a certain amount of time without any break in between. Generally, this time period is of one year.
Secondly, there must be grounds for the divorce. This is known as the legally acceptable reason a spouse is seeking a divorce. There are certain legal grounds identified by New York law, and parties must demonstrate that their situation falls into one of these categories. Cruel and inhuman treatment is one of the legal reasons for divorce, referring to physical, verbal, emotional, or sexual cruelty committed by one of the parties against the other. The cruelty must be to the extent that it endangers the victimized spouse's well-being and it is no longer safe to live together.
That is not the only grounds for divorce, though. Other grounds include abandonment, which is where one spouse has left the other without a justification for a continuous period of one year or more, prison confinement for three years or more, and adultery. In 2010, another ground was added to the list: irretrievable breakdown. This refers to the impossibility to repair a relationship for at least six months. This ground for divorce is only applicable to proceedings initiated after 2010.
It is important to fulfill these requirements before asking for a divorce, and one must know which ground for divorce they want to pursue and are most likely able to prove. As this post was only for general advice, New York residents looking to understand more about the divorce process may want to consider consulting an experienced attorney.