The pain of divorce is a process that almost nobody wishes to endure. From the lengthy process to the mental and emotional damage it can have, it becomes very tiring on the body. Though many people believe divorce is a process that can be started at the flick of a wrist, it simply isn’t that easy. There are a number of requirements that must be met, as well as legitimate reason for the divorce, in order for the process to begin. We’ve listed a few of them below to give you a better idea.
- A residency Requirement. In the State of New York, it is required that you and your spouse live in New York State continuously for at least two years before the case can be started. Alternatively, the grounds for divorce could have happened in New York State, or one of you have been living in New York State for one year, as well as being married in the State.
- Grounds Met. There are seven grounds for divorce, which are all legally acceptable reasons for beginning the process.
- Irretrievable breakdown in relationship for a period of at least 6 months. (Debt, income issues, custody of child)
- Cruel and inhuman treatment. (Within 5 years. Physical or mental abuse, if you are in danger or fear of)
- Abandonment. (Abandonment of the plantiff for one year or more.)
- Imprisonment. (In Excess of three years in prison)
- Adultery. (Difficult, proof is often needed for this)
- Divorce after a legal separation agreement. (Signs by both parties, must live separate for one year)
- Divorce after a judgment of separation. (Drawn up by the court, must live apart for one year.)
If divorce has been a looming issue, make sure you’re prepared with the correct attorney. The team at GNPCV has a dedicated team of attorneys ready to deal with marital issues alike, and can begin helping you as early as today. Please visit our website and fill out our contact form to get started.