Divorce is legally referred to as dissolution of marriage, and is a proceeding by which a valid marriage is terminated. Divorce can be one of the most difficult processes someone can go through in life. We understand both the impact that divorce can have on your life and the lives of your children. Because of this, it is very important to have legal counsel who can see to it that the final divorce settlement is one everyone in the family can live with. The Law Offices of Jacoby & Jacoby have many years of combined experience representing Long Island couples in divorce and will aggressively fight for your rights.
In order to file for divorce in New York, you must satisfy the residency requirements and have a “ground” (a legally acceptable reason) to end your marriage.
Residency Requirements For A Divorce In New York:
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 OR
- Either you or your spouse has lived in New York for at least one year immediately leading up to the date you file for divorce AND:
- Your marriage took place in New York, or
- You and your spouse lived in New York during your marriage, or
- The cause for the “grounds” for the divorce occurred in New York
OR
- 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. (NY Dom Rel Law §230)
Legal Grounds For A Divorce In New York:
In New York, there are and fault-based divorces and divorces after separation. “Irreconcilable differences” is not considered a valid ground for divorce in the State of New York.
Fault-based – 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 your spouse. The judge will require more than that you simply did not like one another. The judge will be looking for specific instances of documented cruelty that occurred in the last five years.
- Abandonment – To file for divorce based on abandonment, your spouse must have abandoned you for a period of one or more years. Specific examples of abandonment by your spouse include a physical move from your home or locking you out of your home. If your spouse has refused to engage in sexual relations with you for at least one year, this can also qualify as abandonment and is known as “constructive abandonment.”
- Three Consecutive Years Imprisonment – If your spouse has been in jail for three of more years in a row beginning after your marriage, this is a ground for divorce. Once your spouse has been in jail for three years in a row, you can file for divorce:
- While your spouse is still in jail
- Up to five years after he or she is released.
- Adultery – You must be able to prove that your spouse has committed adultery during the marriage. This is usually hard to do in court, since you need evidence from a third party – someone besides you or your spouse. (NY Dom Rel Law §170)
Divorce after separation – In a divorce after separation, you do not have to have one of the fault-based grounds, or reasons, for the divorce that are listed above. To file for divorce, you and your spouse must either have a separation agreement or a court ordered-judicial separation. You also must live separate and apart for one year after the agreement or judicial order before you can be legally divorced.
Generally, most Long Island divorce cases involve the one or more of the following issues:
- Child custody
- Child support
- Spousal support
- Property division
Free consultation with a Long Island, NY Divorce lawyer. Contact us today. Even if you are unsure that you want to end your marriage, you should know all your options. The attorneys at the Law Offices of Jacoby & Jacoby can review your individual situation, help you understand the entire process and prepare you for what is to come in the near future. For a free consultation, call any one of our office locations directly or contact us online today.
Medford, NY: 631-289-4600
Miller Place, NY: 631-821-8800
Shirley, NY: 631-281-2234
Nassau County, NY: 888-452-2629
