Going through the divorce process is daunting and often brings up many emotions and legal questions. By educating yourself about the requirements to end your marriage (also called dissolution), you can help to prepare yourself for the discussions ahead. One way to help you through this process is to work with an attorney with valuable experience in family law matters.
Our firm has helped many individuals and families understand the divorce requirements in Syracuse so they can create arrangements that work best for their situations. Our seasoned divorce lawyers provide compassionate and judgment-free legal counsel. We use our client’s best interests and our legal knowledge to guide our decision-making process.
What Are the Reasons People Can Get a Divorce?
Legally ending a marriage requires the spouses to ask a Judge for permission. The spouses must give a valid reason for dissolving the union as part of this process. New York Domestic Relations Law § 170 outlines the no-fault and fault-based basis, or grounds, people can assert as the reasons why they want to divorce, which include:
- One spouse was unfaithful to the other
- One of the spouses has been in jail or prison for at least three (3) consecutive years after the wedding
- Irretrievable breakdown of the relationship between the spouses for at least six (6) months before filing for divorce
- The spouses lived separate and apart for a minimum of one (1) year under the terms of a written separation agreement or Order
Each of the grounds for divorce has its own requirements. For example, to get a divorce on the grounds of living separate and apart, the filing spouse may have to prove they followed the terms of the separation agreement or Order. Likewise, spouses cannot end their marriage for no-fault reasons until they sort out child support, custody, visitation, property division, and other legal matters.
Meeting divorce requirements can be challenging for people in Syracuse who already handle work, personal struggles, errands, and other tasks. They may find relief by partnering with an attorney who could demystify these criteria. A lawyer could also prepare and file the legal paperwork required to request a divorce, like the complaint and notices.
What Are the Residency Requirements to End a Marriage?
To get a divorce, N.Y. Dom. Rel. Law § 230 requires the spouses to meet state residency requirements. One way to do this is to establish that the parties were married in the state and that at least one (1) of them has lived here for a minimum of one (1) year. Their length of stay must have been continuous for a one (1) year period as of the filing date for the divorce.
Another way to meet the state residency criteria is for both spouses to have lived as husband and wife for at least one (1) year when the divorce commenced. Likewise, when either spouse has lived in the state continuously for at least two (2) years as of the beginning of the dissolution lawsuit, they may meet the residency rules.
Understanding residency rules can be complicated, but it is necessary so that the Court has jurisdiction (authority) over the case. For this reason, this is one of the fundamental divorce requirements people need to meet to end their marriage in Syracuse. Divorce attorneys could provide critical guidance and insight during this process.
Call a Syracuse Attorney for Help Understanding the Divorce Requirements
Ending your union can be challenging and sometimes empowering, but doing so requires you to think about important legal issues, like how to divide your assets between you and your soon-to-be-ex-spouse. Instead of going through the divorce process alone, consider the benefits of collaborating with a seasoned legal team.
Our law firm provides personalized recommendations and support to people seeking to end their marriage. Contact an attorney at The Colwell Law Group to schedule a complimentary consultation to discuss the divorce requirements in Syracuse.