State of New York Divorce Laws

Divorce is and can be a tough task, with all other legal issues. Now we will talk about New York state divorce laws. These laws are matchless in the sense that they vary from divorce laws in other states. Couples planning to file a divorce in New York must be knowledgeable of laws regarding divorce filing.

New York does not have no-fault divorce as such. Instead, New York has its own version of a no-fault divorce. New York state divorce laws require that spouses to live alone for minimum a year before the divorce can be filed. The parties involve must first carry out what is known as a Separation Agreement. This Separation Agreement is to be filed at the local County Clerk before the one-year time can start. The spouse involves in litigation for divorce must then prove that he or she have carry out the terms and conditions in the Separation Agreement to be entitled to file a divorce.

In addition the Separation Agreement, there are other bases for divorce under the New York state divorce laws. Among them are:

• Residency Requirements. Under Domestic Relations Law �230, one of five requirements have to be satisfied before the divorce can be filed.

• Serving the Summons and Complaint. Spouses involves in litigation for divorce must make sure that the court have authority over the defendant by ensuring a Summons and Complaint or a Summons with Notice can be provided.

Lastly yet significantly, a person has to assure one of six the grounds for divorce which are stipulated in Domestic Relations Law �170. These six grounds are:

• The defendant treating the plaintiff maliciously and in an inhuman manner, such as physical and verbal abuse.

• The desertion of plaintiff by the defendant for a period of at least one year or more.

• The defendant being confined in prison of 3 years or more after the marriage has taken place

• Acts of betrayal by the defendant. This refers to sexual acts and intercourse performed by the defendant with a third party other than the plaintiff after the marriage.

• The parties having lived apart in pursuant to a judgment or decree of separation of at least one or more years and substantial proof submitted by the plaintiff in satisfying these terms.

• The fulfilling of the Separation Agreement must be keen. This is the most common ground used by most people to secure a no-fault divorce. This is in accordance with both the plaintiff's fulfillment of the said conditions.

These are the basis that people should keep in mind while filing for divorce under New York State Divorce Laws. People should always appoint the services of lawyers who are well versed in this field.