New York State Divorce Laws

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The Ny Divorce Laws are quite easy and straight forward with quite a few likenesses to the other states of the United States’ laws. We’ve summarised the legal conditions for the filing of a divorce and the basic documents which must be filed to apply to get a divorce.

Residency and Filing Requirements:

So as to file for a divorce in Ny, residency requirements must be fulfilled to accept the case. The court will not be accepted or it’ll eventually be ignored if it discovers it does not have jurisdictional rights to hear the case. The requirements are as follows:

Mandatory residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the activity is commenced and continues to be a resident for a continuous interval of one year immediately preceding

2. The parties have resided in this state as wife and husband and either party is a resident thereof when the action is commenced and is a resident for a continuous interval of one year immediately preceding, or

3. The cause happened in either party and the state has been a resident thereof for a continuous interval of a minumum of one year immediately preceding the commencement of the activity, or

4. In the state and both parties are residents thereof at the time of the commencement of the action, or the cause occurred

5. Either party continues to be a resident of the state for a continuous interval of at least two years. (Consolidated Laws of New York – Domestic Relations Laws – Article 13 – Sections: 230 and 231)

Grounds for Filing:

The Complaint for Divorce must declare the proper Ny reasons upon which the divorce has been sought. The appropriate lawful ground will be that the parties can substantiate and agree upon, or that which the filing spouse wants to convince the court. The divorce grounds 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 the following grounds:

(1) the plaintiff’s inhuman and cruel treatment by the defendant such that the defendant’s conduct endangers the mental or physical well being of the plaintiff as renders it unsafe or improper for the plaintiff.

(2) The rejection of the plaintiff by the defendant for an interval of one or more years.

(3) The confinement of the defendant in prison for an interval of three or more successive years after the marriage of defendant and plaintiff.

(4) The commission of an act of adultery, provided that adultery 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 apart from the plaintiff after the union of plaintiff and defendant.

(5) The husband and wife have lived apart pursuant to a decree or ruling of separation for a period of one or more years after the granting of such decree or judgment, and suitable proof has been submitted by the plaintiff which he or she has substantially performed all the stipulations of such decree or ruling.

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

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

(Consolidated Laws of New York – National Relations Laws – Volume 8 – Sections: 170 and Article 10, Section 170, and Article 13, Section 230)

Filing Partner Title:

Plaintiff. The Plaintiff is the partner who initiates the filing process or domestic relations court.

Non-Filing Spouse Title:

Defendant. The Defendant is the partner who does not file the divorce papers that are first, but rather receives them by service.

Court Name:

Here is the Nyc court where the divorce will be filed. The court will assign a case number and have jurisdictional rights to facilitate and grant the orders concerning, but not restricted to: debt and property division, support, guardianship, and visitation. The court’s name is clearly symbolized at the very highest part of all documents which are filed.

Primary Documents:

Charge for Divorce and Ruling of Divorce. All these are the vital files needed to start and finalize a divorce according to Nyc law. There are anywhere from ten to twenty other files which may be demanded through the filing process.

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