FAQ about New York Divorce

Our New York divorce lawyers at Long Island Divorce Solutions provide information and answers to the following frequently asked questions about divorce:

What are New York residency requirements for divorce?
What is the difference between a fault based and no-fault divorce?
What are New York grounds for divorce?
What is an uncontested divorce?
What is a contested divorce?
What are the advantages of an uncontested divorce?
How long does it take to get a NY divorce?
Can you get a divorce if you do not know where your spouse lives?

What are New York residency requirements for divorce?

NY residency requirements for divorce include:

One year residence in New York by one spouse prior to filing for divorce if:

  • The couple was married in New York
  • The couple lived as husband and wife in New York
  • Grounds for divorce occurred in New York
  • Grounds for divorce occurred in New York and both spouses were NY residents when the divorce action commenced
  • The couple was married outside of New York, never lived together as husband and wife in New York, and divorce grounds did not occur in New York, but one spouse is current NY resident and has continuous residence for two years prior to filing for divorce

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What is the difference between a fault based and no-fault divorce?

In order for the court to grant a fault based divorce, a New York divorce lawyer must establish a cause of action where one party is at fault. Divorce grounds based on fault require evidence that proves wrongdoing according to fault divorce grounds. In contrast, no-fault divorce does not assign blame to either spouse for the breakdown of the marriage. The lawyer must simply convince the court that the breakdown is irretrievable.

What are New York grounds for divorce?

NY grounds for a no-fault divorce are irretrievable breakdown of the marriage.

Fault grounds for divorce include:

  • Cruel and inhuman treatment
  • Abandonment for a continuous period of one year of more
  • Imprisonment for more than three years subsequent to the marriage
  • Adultery
  • Conversion of a separation agreement
  • Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year

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What is an uncontested divorce?

In an uncontested divorce, spouses agree on the grounds and terms for divorce, including child custody, child support, spousal support, and property division

What is a contested divorce?

In a contested divorce, spouses dispute some aspect of the divorce, the grounds or one or more divorce terms.

What are the advantages of an uncontested divorce?

Advantages of an uncontested divorce over a contested divorce include:

  • Avoiding a trial
  • Lower legal fees and court costs
  • Less time to obtain a final decree
  • Ability to settle issues on your own terms
  • Less stress on spouses and their children

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How long does it take to get a NY divorce?

Spouses can obtain an uncontested divorce in a matter months, with the main delay resulting from court backlogs. An uncontested divorce can take as much as a year or several years before finalizing.

Can you get a divorce if you do not know where your spouse lives?

Yes, a publication divorce allows you to obtain a court order of publication, which is a notice sent to newspapers for publishing. The notice must be published once a week for three consecutive weeks. If there is no response within a certain time period, your divorce lawyer can file for divorce by default.

For legal help with divorce from experienced New York divorce attorneys, call (631) 539-9610 or contact Long Island Divorce Solutions online today.