Couples who decide to get a divorce often want to accomplish the split as soon as possible. If you are on the same page about how you will divide your property and co-parent your child/ren, a divorce can happen quickly, but only if you meet the legal requirements.
Speak with a local divorce attorney about Troy divorce requirements. Armed with knowledge, you and your spouse can take the steps necessary to ensure a smooth process before you file for divorce.
The law requires that someone seeking a divorce in New York have significant ties to the state. However, according to New York Domestic Relations Law § 230, it is not necessary for both spouses to live within the state to obtain a divorce. A couple may meet the residency requirement if one spouse has lived continuously in the state for two years before either spouse initiates a divorce action.
A Court may issue a divorce if the parties were married in the state and either spouse has been a continuous resident for at least one year prior to the divorce filing. Parties may also meet the residency requirement if they were married somewhere else but lived in New York as a married couple and one spouse has been continuously residing in the state for a year before the divorce action commences.
A couple meets the residency requirement if the cause for divorce happens in New York and both spouses live in the state when they begin divorce proceedings. Citing a fault-based reason for divorce introduces additional complications, so a spouse considering using this provision of the law to meet the residency requirements should consult a Troy attorney before filing a petition seeking a divorce.
A spouse seeking a divorce must cite a legal reason. In most cases, a spouse makes a sworn statement that the marriage is irretrievably broken and has been for at least six months. This is sufficient grounds for a Court to grant a no-fault divorce and does not require any further proof.
The law provides several fault-based grounds for divorce, including adultery, abandonment, cruelty, and incarceration. A spouse seeking a divorce based on one of these grounds must have proof substantiating their claims. When a spouse files for divorce citing a fault-based ground, the other spouse might challenge it or counter-file citing a fault-based ground. A fault-based divorce often takes longer, is more expensive, and intensifies hard feelings between the spouses. Discussing the ramifications and requirements of a fault-based divorce with a Troy legal professional before filing is a smart move.
On top of meeting legal residency requirements, a couple in Troy must resolve all relevant marital issues before the Court issues a divorce. A divorce decree encompasses Court Orders establishing the division of marital property and whether one spouse will continue to provide financial support to the other. If the couple are the parents of any minor child/ren, the Orders will cover payment of child support and include a parenting plan establishing where the child/ren will live, how much time they will spend with the non-residential parent, and who will have decision-making authority.
Couples who agree on all these issues can file for an uncontested divorce. A spouse submits the divorce petition and the written agreements to the Court. The judge reviews them and, if they meet legal requirements, incorporates them into the divorce decree.
When a spouse files for divorce before the couple has agreed on the relevant issues, the proceedings will be contested. The attorneys for each side negotiate divorce terms while the case is pending. If they make written agreements on all issues while the case is pending, the judge will review them, and if all is in order, issue a divorce decree. If the couple cannot agree, the divorce will go to trial, and a judge will make the final decision on all outstanding issues.
Even the most amicable divorces are stressful. You can reduce the uncertainty and be prepared for the process by familiarizing yourself with the divorce requirements in Troy before filing. Take advantage of a complimentary consultation with a local divorce lawyer to learn what you must do to obtain a divorce in New York Courts. Reach out to The Colwell Law Group today to schedule an appointment.
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