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New York allows you to complete your divorce without an attorney if you and your spouse can come to an agreement on what to do with your property and how you will care for any children that you may have.
New York Residency Requirements
To divorce in New York you must meet at least one of these residency requirements.
- Both spouses currently live in New York AND the cause of the divorce happened in New York;
- At least one spouse has lived in New York for the past two years;
- At least one spouse has lived in New York for the past year AND couple was married in New York;
- At least one spouse has lived in New York for the past year AND couple lived in New York while married; or
- At least one spouse has lived in New York for the past year AND the cause of the divorce occurred in New York.
Grounds For Divorce
The no-fault divorce option, which allows couples to divorce on the ground that the marriage has been irretrievably broken for at least six months, was signed into law on August 15, 2010, although couples wanting to use the no-fault ground must wait until mid-October to file for divorce. The DivorceWriter online interview allows you to select the no-fault ground or one of the existing fault grounds.
The New York divorce fault grounds are:
- Cruel and Inhuman Treatment;
- Abandonment for at least one year;
- Imprisonment for at least three years;
- Adultery;
- Living pursuant to a Separation Decree for at least one year; or
- Living pursuant to a Separation Agreement for at least one year.
More information on each of the grounds is available in the online interview.
Filing Your New York Divorce
The steps for filing your New York divorce with DivorceWriter are as follows:
- You review and sign the documents, then file the first set of documents, the Divorce Complaint and supporting documents, with the court.
- Have both spouses sign the Settlement Agreement. After 30 days file the second set of documents, the Settlement Agreement and supporting documents, with the court.
- A judge completes your divorce by signing your divorce decree.
Division of property, child parenting plan (including child support, visitation and custody), alimony, and more are covered. DivorceWriter offers a money back guarantee if your documents are not accepted by the Court.
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