New York Divorce Documents

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How does divorce work in New York State?

Residency and Filing Requirements:

So as to file for a divorce in New York, residency requirements must be met to accept the case. If the court discovers it doesn’t have jurisdictional rights to hear the case it isn’t going to be accepted or it’ll eventually be ignored. The conditions are as follows:

Required dwelling of parties.

1. Either party has been a resident of the state for a continuous interval of at least two years.

2. The parties were married in the state and either party is a resident thereof when the activity is commenced and has been a resident for a continuous interval of one year immediately preceding, or

3. The parties have resided in this state as either party and wife and husband is a resident thereof when the activity is commenced and continues to be a resident for a continuous period of one year immediately preceding

4. In the state and either party continues to be a resident for a continuous interval of a minumum of one year immediately preceding the commencement of the action, or the cause happened

5. In the state and both parties are residents thereof during the period of the commencement of the action, or the cause occurred

Grounds for Filing:

The Charge for Divorce must hold the appropriate New York grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the filing spouse desires to prove to the court, or that which the parties agree upon and can substantiate. The divorce reasons are as follows:

Action for divorce. An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the union on some of the following reasons:

(1) The barbarous and inhuman treatment of the plaintiff by the defendant such that the defendant’s actions endangers the mental or physical well being of the plaintiff as renders it dangerous or improper for the plaintiff to cohabit with the defendant.

(2) The desertion of the plaintiff by the defendant for an interval of a number of years.

(3) the defendant in prison for a period of three or more successive years after the marriage of plaintiff and defendant’s confinement.

(4) The commission of an act of adultery, provided that infidelity for the purposes of Articles Ten, Eleven, and Eleven-A of this Chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual actions, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in Subsection Two of Section 130.00 and Subdivision Three of Section 130.20 of the penal law.

(5) The husband and wife have lived apart pursuant to a decree or ruling of separation for a period of a number of years after the allowing of such decree or ruling, and adequate evidence has been submitted by the plaintiff which he or she has substantially performed all the terms and conditions of such decree or judgment.

Such agreement shall be filed in the office of the clerk of the county wherein either party resides.

(7) Irretrievable breakdown in relationship for a least six months.

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