New York Divorce Smart Divorce
The New York Divorce Smart Divorce laws are governed by the Federal State laws and the State divorce laws.New York Divorce Smart Divorce will help you get divorced and guide you as to the filing process, step by step. To get started simply go to New York Smart Divorce and create a login with your email address and password. You will be taken to a questionnaire online, that give us the information we need to complete your divorce forms according to your case. Requirements To file for a divorce in New York Divorce Smart Divorce you must satisfy one of the following residency requirements. Any one will do, you do not have meet all of the requirements: 1) The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began [In other words: you got married here and at least one of you has lived here for the last year]; OR 2) The couple lived as husband and wife in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: you lived in New York together and at least one of you has lived here for the last year]; OR 3) The grounds for divorce occurred in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began [In other words: the basis for the divorce (see below) occurred in New York and at least one of you lived here for the last year]; OR 4) The grounds for divorce occurred in New York State and both spouses are New York residents at the time the action is commenced [In other words: the basis for the divorce (see below) occurred in New York and you both live here now, not necessarily for a whole year] ; OR 5) If you and your spouse were married outside of New York State and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state — either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce [In other words, you weren’t married here, the basis for the divorce didn’t occur here, you never lived here together, then at least one of you has to have lived here for at least the last two years. If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing. Grounds for Divorce NO Fault: In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts. The NO FAULT grounds are either: 1. Irreconcilable Differences, Parties have been separated for over one year. or 2. Irreconcilable Differences, Parties have not been separated for over one year but Petitioner states under oath that the marriage has broken down irreconcilably for six months. The FAULT grounds for divorce, in New York are: (Must be proved) (1) cruel and inhuman treatment; (2) abandonment for one year, including when the Defendant refused to have sexual relations with the Plaintiff despite Plaintiff’s repeated requests to resume such relations. (3) imprisonment for three years; (4) adultery; (5) living separate and apart for over one year pursuant to a separation judgment or decree with satisfactory proof of substantial performance of same. We understand that filing for a divorce is an extremely important time in your life. We have completed divorces for customers though out the state of New York, and want to help make the process as simple as possible for you.
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