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Deciding Whether Divorce Is The Right Choice

Before discussing the steps involved in getting a divorce in New York state, it’s important to make sure it’s the right decision for you. The divorce process typically takes at least a year to get through the courts. Dividing property, making decisions about child custody and child support can be very complicated and stressful, especially when there are major disagreements between you and your spouse.

If you’re certain that divorce is the right option for you, we can help you through the divorce process. We will make sure that you understand everything that is happening and the ramifications of each decision you make. Even with uncontested divorces, we recommend that you at least consult with a lawyer to make sure you understand how the process works and what will be required of you and your spouse.

Taking The First Steps

In the state of New York, divorces can only be granted by the state Supreme Court; divorce papers must be filed in the Supreme Court office of the county where you live. Before filing, you must provide proof that you or your spouse lived in New York state for at least 12 consecutive months. If you are the one filing for divorce, you are responsible for delivering the divorce papers to your spouse. You have 120 days from the date of filing with the county to get the papers signed, notarized and filed with the County Clerk’s Office.

Legal Requirements To File For Divorce

In addition to the citizenship requirement, you must present a legally acceptable reason (grounds) for your divorce. As of 2010, New York became a no-fault divorce state. However, the New York state version of no-fault, called irretrievable breakdown, requires that the marriage was impossible to repair for at least six months prior to filing for divorce. Other grounds for filing for divorce in New York state include:

  • Physical or mental cruelty/inhuman treatment
  • Abandonment for at least 12 continuous months without justification or the other spouse’s consent
  • At least three consecutive years in prison
  • Adultery
  • Living separate and apart for at least 12 continuous months following a separation judgment or decree
  • Living separate and apart for at least 12 continuous months following a separation agreement

Our divorce lawyers can help you make sure the grounds for divorce in your filing meet the state’s requirements. We can also assist you in delivering papers to your spouse if necessary.

Contact The Divorce lawyers At The Arquette Law Firm, PLLC

If you’ve decided to file for divorce, call The Arquette Law Firm, PLLC, at 518-373-9300 or fill out our online contact form to set up an initial consultation. We will help guide you through the divorce process with compassion and dedication.