Understanding the Importance of an Experienced Divorce Lawyer
Divorce is often emotionally contentious and rarely easy to go through. Every divorce is unique to the parties involved. At the Nassau County and Queens County Law Offices of David L. Martin, Esq., P.C. our divorce attorneys understand the challenges families face at this trying time. We skillfully handle the end of a marriage and all of the issues involved. We always consider the best interest of your child and will help you make wise financial decisions.
There are specific requirements that must be met to get a divorce in New York. That is why it is so important at this challenging time that you work with a knowledgeable, experienced attorney like David L. Martin, Esq..
Grounds for Divorce in New York
Prior to 2010, you could not file for divorce in New York without showing that you had legal ground to do so. New York now has both fault and no-fault grounds upon which to base a divorce.
Domestic Relations Law 170 SS (1) through (7) states the grounds for divorce are as follows:
- The cruel and inhuman treatment of one spouse by the other
- The abandonment of one spouse by the other for a year or more
- One spouse’s confinement to prison for three or more consecutive years after the marriage
- Having lived separate and apart for a year or more pursuant to a decree or judgment of separation
- Having lived separate and apart for a year or more pursuant to a written separation agreement signed by both spouses and acknowledged in the form required to entitle a deed to be recorded
- The “no fault” statute - the relationship between husband and wife having broken down irretrievably for a period of at least six months
To begin a no-fault divorce, you must sign an affidavit declaring that the marriage has been irretrievably broken down for more than six months. The statute states that no divorce will be granted until all issues of equitable distribution have been resolved.
Regardless of whether you are filing a fault of no-fault divorce, in New York there are specific residency requirements that must be met. However, the required amount of time of residency can be different based on the circumstances of the marriage.
Residency Requirements for Divorce in New York
- Either spouse has continuously resided in New York State for two or more years immediately before commencement of the divorce action; or
- The marriage took place in New York State and either spouse has lived in New York State for a continuous period of one year before commencement of the divorce action; or
- Both spouses have resided in New York State as husband and wife and one of the spouses has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action; or
- The cause of action (grounds)occurred in New York State and either spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action or both spouses are residents of New York State at the time of commencement of the divorce action.
The Process for Divorce in New York
Once it has been determined that the residency requirements have been met and there are grounds for the divorce, papers can be filed in the County Supreme Court of New York. The person filing for the divorce is the plaintiff. The other party to the divorce, the defendant is served with the papers and responds to the legal complaint.
The Supreme Court of the State of New York is the only court that can legally grant you a divorce. Family courts, however, handle cases involving child custody and visitation and child support.
Hire the Right Attorney for your Queens or Nassau Divorce
When retaining a lawyer to represent you for any type of family law issue you need an attorney who is skilled, diligent and accessible. With over 28 years of experience David L. Martin, Esq. has the experience and know how to manage settlement negotiations to obtain a fair resolution to your divorce.
If you are considering divorce contact The Law Offices of David L. Martin, Esq., P.C. to see how he can help.