How does a divorce work in New York?

By commencing the action, you agree to allow New York to have jurisdiction over you for purposes of the matters involved in that action. The residency requirements to commence an action for divorce in New York are simply meant to make sure that New York has enough of a basis to maintain jurisdiction over the action and the parties.

Can a no fault divorce be granted in New York?

However, because New York has recently become a No-Fault state, it appears that the granting of a divorce is inevitable. However, with No-Fault divorces in New York, all issues of the marriage need to be resolved prior to the No-Fault divorce being granted.

What do I need to file for divorce in New York?

All you need to file for a divorce is a Summons with Notice. This merely places your spouse on notice that you are commencing a divorce action and it briefly sets forth the ground (s) upon which your action for divorce is based as well as the relief you are seeking.

How are assets divided in a New York divorce?

As an equitable distribution state, the courts will attempt to distribute assets in a marriage in a fair and equitable way, but this does not necessarily mean that the split will be 50-50. There are several rules governing the division of assets that can impact the final outcome in many possible ways.

How to file for divorce in New York State?

You may file for divorce in New York if you meet one of these residency requirements: Either you or your spouse has lived in the state for at least two years immediately leading up to the date you file for divorce; Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York; or.

What are the legal issues in a divorce in New York?

Here are some of the other common legal questions and major issues that come up during a divorce in New York: Property Issues Spousal Maintenance and Child Support

When to file for fault based divorce in New York?

Fault-based grounds: In New York, you can file for a fault-based divorce for any of these reasons: Cruel and inhuman treatment – This includes physical, verbal or emotional abuse that endangers your physical or mental well being to the point that it is “unsafe or improper” for you to live with the abuser.

Who is the plaintiff in a divorce in New York?

The person who starts the divorce is called the plaintiff, and the other spouse is called the defendant. Where do I go to for a divorce? The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce.