An Overview of Divorce in New York State

 

Gordon Burrows

Gordon Burrows, an attorney with more than three decades of experience, has had a matrimonial and family law practice in White Plains, New York, since 2004. In this position, Gordon Burrows represents clients in divorce cases and custody and child support disputes.

New York is a no fault divorce state, meaning one spouse may begin divorce proceedings by claiming an irretrievable breakdown of the relationship. In this situation, any marriage of more than six months duration in the state of New York can be ended by a divorce. There are a multitude of additional grounds for divorce, assuming an individual requires a more expedient dissolution of the marriage or has a legal incentive to describe their reasons for ending the marriage. Cruel and inhumane treatment by one spouse, abandonment, adultery, and a legal divorce following physical separation are a few common examples of grounds for divorce.

Prior to filing for divorce in New York, individuals must meet a number of residency requirements. In most cases, at least one spouse must have been a resident of the state for a minimum of two years before filing. Exceptions to this rule range from the marriage taking place in New York or the grounds for divorce occurring within the state, in which case residency requirements are reduced to one year.

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