Divorce
Are You Eligible to File for Divorce in New York State?
In order to file for divorce in New York state you must meet the residency requirements and have Grounds for Divorce.
You meet the residence requirements if:
1) You or your spouse has lived in New York State for the last two years and continues to reside in NY, OR
2) You and your spouse live in New York at the time you file for divorce and the grounds for divorce occurred in New York. OR
3) You or your spouse has lived in New York State for the last one year, and you were married in NY or you lived in New York during your marriage, or the grounds for divorce occurred in NY.
What are the Grounds for Divorce in NY?
The Grounds in NY are as follows:
1) Cruel and Inhuman Treatment – Physical or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper to continue to cohabit with your spouse.
2) Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.
3) Three Years Imprisonment - Spouse has been in jail for three consecutive years.
4) Adultery – Proof Required.
5) Conversion - live separate and apart for one year pursuant to separation agreement or judicial order.
6) No Fault - Marrage is Irretrievably Broken.
What does a divorce accomplish?
1) Disolves the marriage.
2) Determines Custody, Visitation, and Child Support.
3) Divides Marital Estate - Those items of property obtained during the marriage.
4) Determines Spousal Maintenance (Formerly Called Alimony).
5) Orders of Protection.
6) Exclusive use and ocupancy of the marital residence.
7) Name Change - Allows a party to go back to prior surname or maiden name.
If you want a divorce and are searching for an experienced Divorce Attorney, near Buffalo, New York, look no further.
Free Consultation:
Please call (716)-656-7676 or CLICK HERE for your free consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.
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