Compassionate and Knowledgeable Divorce Attorneys in Brooklyn
In a divorce, the goal is to end the situation as quickly as possible with as little stress as possible by reaching a fair settlement agreement without involving the court. However, if the parties are unable to reach an agreement, Tully Rickey’s team of experienced family and matrimonial attorneys will vigorously represent your interests in court to get the best possible resolution for your case.
Our Brooklyn divorce lawyers routinely assist individuals throughout the New York City metropolitan area and possess a solid grasp of New York State’s complicated divorce laws.
Before you can start divorce proceedings in New York, you must meet residency requirements and one of the divorce grounds.
What Are the Residency Requirements for Obtaining a Divorce in New York?
There are certain residency requirements that must be met in order to be granted a divorce. One of the following residency requirements must be met in order to file for divorce in New York:
- You or your spouse must have been living in New York State for a continuous period of at least two (2) years immediately before the date you start your divorce action; or
- You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one (1) year immediately before the date you start the divorce action, and at least one of the following must also be true:
a) Your marriage ceremony was performed in New York State; or
b) You lived in New York State with your spouse as husband and wife
- You or your spouse must have been living in New York State for a continuous period of at least one (1) year immediately before the date you started your divorce action, and your grounds for divorce must have happened in New York State.
- You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State.
What are the Grounds for Obtaining a Divorce in New York State?
In New York, a divorce may be granted on a fault-based or no-fault basis.
No-fault Divorce:
Individuals may seek a “no-fault” divorce if at least one party asserts under oath that the marriage has “broken down irretrievably” for at least six months before the initiation of the divorce proceedings.
However, no divorce decree shall be issued until all financial issues, including the equitable division of marital property, the payment of spousal support or waiver of it, the payment of child support, the payment of attorney fees and costs, and the custody and visitation of any infant children of the marriage, have been settled by the parties or determined by the court and incorporated into the divorce decree.
It can be difficult to establish fault in a divorce, but the family law attorneys at Tully Rinckey are here to support you and make sure your rights are upheld. Below are the fault-based reasons that couples in New York are permitted to use as grounds for action:
- Adultery
- Cruel and Inhuman Treatment
- Abandonment – physical or sexual
- Imprisonment
- Living separate and apart pursuant to a separation agreement
- Living separate and apart pursuant to a separation judgment or decree
How Long Will My Divorce Take?
For uncontested cases, the typical New York divorce lasts 3 months, whereas contentious cases last 9 months. It might be difficult to predict how long your divorce will take, particularly if there are many contentious issues.
The presence or absence of children, property, and other issues can all alter the length of the divorce proceeding. The amount of time needed to finalize the divorce is increased by the complexity of the divorce papers and the fact that the judge must review them all to make sure everything is in accordance with the applicable divorce laws and in the best interests of the children. The amount of time needed for divorce may vary depending on the court’s schedule as well.
If spouses are unable to reach an agreement on these critical matters, the process is turned over to the judge. This not only prolongs the matter but also necessitates additional payments to your lawyers for document preparation and court appearances.
