Divorce Requirements in Saratoga Springs
If you are considering a divorce in Saratoga Springs, you will first need to familiarize yourself with the divorce requirements in the state of New York. A compassionate divorce attorney could help guide you through the process to ensure that you meet the requisite conditions.
There are numerous requirements that you must meet in order to be granted a divorce, including identifying the grounds for divorce, technical specifications, an agreed-upon process, and the costs. Divorce requirements in Saratoga Springs can also differ for specific situations, such as those in which there is military involvement and one or both are living out of state.
Grounds for Divorce in Saratoga Springs
In order to be granted a divorce, a spouse must identify the reason(s) to the court. While alleging grounds for divorce is required in Saratoga Springs, New York enacted a No-Fault divorce ground in 2010. Most divorce actions are now brought under this ground, although individuals can still initiate a divorce action using one of the listed reasons.
According to New York DOM § 170, the statutory grounds for divorce in New York are as follows:
- Cruel and inhuman treatment
- The defendant abandoned the plaintiff for a period of one or more years
- The defendant was confined to prison for a period of three or more years after the marriage
- The defendant voluntarily committed adultery after the marriage
- Living apart according to a decree or judgment of separation for a period of one or more years
- Living separate and apart under a written agreement of separation signed by both spouses for a period of one or more years
- The relationship between spouses has broken down irretrievably for a period of at least six months
To get a divorce in Saratoga Springs, a couple must first meet the residency requirements. There are multiple ways of meeting the residency requirement in the state of New York. First, either spouse must have continuously lived in the state for at least two years before the divorce case is started.
Second, either spouse must have been continuously living in the state for at least one year before the divorce case is started and either (1) the spouses got married in the state, or (2) the spouses lived in the state as a married couple, or (3) the grounds for the divorce happened in the state.
The third way to meet the residency requirement is that both spouses are residents of New York State when the divorce is started, and the grounds for the divorce happened in the state. A divorce attorney could help an individual determine whether they meet the residency requirements for divorce in Saratoga Springs.
Learn About Divorce Requirements From a Saratoga Springs Attorney
If you are considering getting a divorce, you need the help of an attorney to ensure that you adequately meet the requirements. New York’s residency requirements can be complicated, and a legal professional could help you untangle the complexities of the law to meet the divorce requirements in Saratoga Springs.
Contact our office as soon as possible if you wish to begin the divorce process. Meeting the requirements is only the first step to ensuring that you receive a fair outcome.