Divorce Guide

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How to get a quick divorce in New York?

Obtaining a divorce in New York is quite complicated. This state requires proven grounds to grant a divorce. This can be lengthy and expensive too. In such a situation, a question that comes to the mind of divorcing couples is “How to get a quick divorce in New York?”

Residency Requirements in NY State:

To get a quick divorce in New York, one must fulfill residency requirements. One or both of the spouses must have resided in the state for at least 1 year before filing the case. If the marriage was performed in NY, then also one of them must have resided in the state for past 1 year prior to commencement of the action. This 1 year residency of either of the couple is required even if the grounds for divorce have occurred in NY.

Grounds for divorce in NY:

The grounds for divorce in NY are limited. A person seeking for divorce in New York must be able to prove the grounds for divorce. Divorcing grounds like incompatibility, no communication, irreconcilable differences and mutual consent is not accepted by NY divorce law.

Following are the limited grounds for divorce in the state of New York:

  • Abandonment for an uninterrupted period of at least 1 year
  • Inhuman and cruel treatment
  • Adultery
  • Imprisonment after marriage for an uninterrupted period of 3 years
  • Living apart for 1 year under a separation judgment granted by a court
  • Written and acknowledged separation agreement to live apart and separate for at least 1 year
  • Irretrievable breakdown of marriage for at least 6 months

Most of the grounds stated above come under fault divorce, where either of the parties needs to prove the fault or wrongdoing of the other. Such a fault divorce may take years to get resolved. So to get a fast divorce one must go for a no-fault divorce. The only ground for no-fault divorce in New York is a separation agreement signed by divorcing couples to live apart for one year.

How to get a quick divorce in New York?

  1. Fulfill residency requirements to get divorced in New York.
  2. You are required to prove that you have grounds for divorce. Legal grounds for divorce as stated above are difficult to prove. So for an easy and quick divorce you can go for no-fault divorce in which you sign an agreement with your spouse to live separate for one year.
  3. From the New York State Unified Court System, download the divorce forms. You must select the forms that suit your situation. Different forms are available for couples having children and the ones who don’t. If your divorce is uncontested you can go for a divorce without a lawyer.
  4. Complete the forms according to the instructions. Sign the forms and file them with the court. You are also required to pay filing fees.
  5. After 60 to 90 days of filing, you will receive a notice of your divorce judgment. Then collect a signed copy of the judgment from the country clerk.
  6. You need to complete the “notice of entry” form and mail the copies to court and your former spouse, thus finalizing your divorce.

How to get a quick divorce in New York? The answer to this question is stated above. Although the rules and regulations of divorce in New York are complex but with mutual cooperation a harmonious divorce can be acquired.

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