Divorce Law - New York (US)

The process for getting divorce in New York is as follows:

1. The spouse filing for divorce will need to complete a document called the "The Complaint for Divorce"
2. The "Complaint for Divorce" will require the spouse seeking divorce to state the ground for which divorce is to be granted
3. The grounds for divorce have to be either

• Adultery This is where the spouse filing for divorce has proof that the other has committed a sexual relationship with another person.
• Cruel and inhuman treatment This is where one spouse has proof of inhuman treatment and cruelty (such as physical abuse etc.).
• Imprisonment for a minimum of 3 years
• Abandonment for at least one year
• No Fault Separation This is where both parties agree to file a judgment for separation and live apart for at least a year. The court will then consider to grant divorce.

The Complaint for Divorce is then filed with the court, where the court will decide to grant divorce according to the laws of New York. In order for divorce to be granted, at least ONE of the following residency requirements must be met

• The couple should have been married in New York
• Either party must have lived in the New York state for a minimum of a year at the time when divorce proceeding was started.
• Where applicable, the grounds for divorce should have taken place in the state of New York
• Either party has been a resident continuously for a minimum period of 2 years before the proceeding started.

Unlike the California Divorce Laws, the assets (which includes houses, cars, income earned etc) are not necessarily divided equally between the married couple. The court will decide how the assets are to be divided, and if maintenance or alimony is also to be paid.