Divorce FAQs
Please note that this FAQs page is for informational purposes only and none of this information should be construed as legal advice.
What is a Contested Divorce?
A Contested Divorce is when there is one or more issues that the parties cannot agree upon.
What is an Uncontested Divorce?
An Uncontested Divorce generally is a divorce in which both spouses agree on all issues in the case.
Can I get Divorced in New York?
Generally in order to get divorced in New York you have to satisfy both Grounds and Residency Requirements. A Ground is the reason you want to get divorced. Keep reading our FAQs page for further information regarding both.
Residency Requirements
Generally you have to fall into one of the below requirements to satisfy Residency Requirements:
- Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you got married in New York State;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you lived in New York State as a married couple;
- Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and the grounds for your divorce happened in New York State;
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Grounds for Divorce
Generally you have to fall into one of the below requirements to satisfy Grounds:
- Irretrievable breakdown in relationship for a period of at least 6 months
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Adultery
- Divorce after a legal separation agreement
- Divorce after a judgment of separation
Do I have to go to Court for Uncontested Divorce?
Barring any exceptions, generally not.
The Law Office of Sean B. Oster, P.C.
276 5th Ave., Ste. 704-3018
New York, N.Y. 10001
(800) 840-7858
sean@osterlegal.com
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