Every state or jurisdiction tends to have different requirements for filing for divorce. Some states, such as New York, even have residency requirements meant to dissuade people from filing in a different jurisdiction solely to take advantage of their laws. It is important to understand the divorce requirements in Albany before attempting to begin the process. A seasoned divorce lawyer could help in explaining the requirements and ensuring their potential client’s case goes forward as smoothly as possible.
At least one of the spouses must have been living in the state of New York for at least two years in order to file the divorce. Additionally, if the spouses got married in the state, they need must have resided continuously for one year before starting the dissolution process. It is also possible to file if the grounds for the divorce occurred within the state, even if they have been living there for less than a year. The residency requirement exists so that those from outside of the state do not try to use its system for a quicker or easier divorce.
There is no way to circumvent the residency requirements for divorce in Albany. Some people try to move to different jurisdictions or states that have different requirements – but to seek a divorce in the state, they must meet the requirements and have grounds for divorce.
It is a common misconception that a couple must live separately or have an official Separation Agreement for more than a year before filing for a divorce. This is not a requirement. Additionally, there is no required waiting period between the scheduling of a court hearing and a final judgment being issued.
Every situation is different and the cost of a divorce ultimately depends upon the facts and circumstances of a particular case, the cooperation between the parties, and the complexity of the matter. The potential cost of a divorce is best determined upon consulting with a law office.
Typically, the filing spouse is responsible for paying for the filing cost, but in a situation where there is a big disparity in income the person who is considered the less wealthy spouse, or the one who earned less, could negotiate terms to have counsel fees awarded to them as part of their settlement agreement.
Mediation is not a requirement for divorce in Albany. Some parties choose to hire a mediator, which is a neutral party who serves to facilitate discussions and present the law as written, but will not advise on it. Some couples choose mediation to work out what property they are going to divide or how to set up custody arrangements. Once completed, the mediator can draft a memorandum of understanding for both parties to sign. The terms agreed to can be incorporated into the settlement.
Divorce is a serious process and not to be taken lightly. Thus, several requirements must be met for a divorce in Albany. However, couples are also given a fair bit of leeway to conduct the process in a way that they feel is most beneficial to them. Regardless of which path you take, consider retaining the services of a compassionate local attorney to make sure the divorce is fair and equitable.
Even though it is not technically required to file a divorce with the presence with a lawyer, it is wise to hire an attorney because of the various divorce requirements such as the distribution of assets, allocating debt, and determining child support.
If you are thinking about dissolving your marriage, you should contact a knowledgeable attorney’s office as soon as possible in order to receive guidance on the early steps to take. It is important to have an experienced attorney who is familiar with their filing jurisdiction to help make the process move quickly.
Schedule a consultation today to learn about the divorce requirements in Albany and how an attorney could help your case.
Colwell Law
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(518) 462-4242
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