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Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a “ground” for the divorce; a legally acceptable reason for the divorce.
There are a few ways to meet the New York State residency requirement:
• Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started.
• Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and
1. You got married in New York State, or
2. You lived in New York State as a married couple, or
3. The grounds for your divorce happened in New York State;
Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Our service files for divorce under the no-fault divorce ground. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. Issues are settled when an agreement has been reached or they have been resolved.
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