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New York allows you to complete your divorce without an attorney if you and your spouse can come to an agreement on what to do with your property and how you will care for any children that you may have.
New York Residency Requirements
To divorce in New York you must meet at least one of these residency requirements.
- Both spouses currently live in New York AND the cause of the divorce happened in New York;
- At least one spouse has lived in New York for the past two years;
- At least one spouse has lived in New York for the past year AND couple was married in New York;
- At least one spouse has lived in New York for the past year AND couple lived in New York while married; or
- At least one spouse has lived in New York for the past year AND the cause of the divorce occurred in New York.
Grounds For Divorce
New York is not a "no-fault" divorce state. In order to file for divorce in New York State you must provide a valid ground. The six legally approved grounds for use in New York are:
- Cruel and Inhuman Treatment;
- Abandonment for at least one year;
- Imprisonment for at least three years;
- Adultery;
- Living pursuant to a Separation Decree for at least one year; or
- Living pursuant to a Separation Agreement for at least one year.
The DivorceWriter online questionnaire provides detailed information on how to select the proper grounds.
Filing Your New York Divorce
DivorceWriter™ makes filing an uncontested divorce in New York fast and easy. The steps for filing your divorce with DivorceWriter are as follows:
- Complete the online interview.
- DivorceWriter mails the completed forms to you with detailed instructions.
- You review and sign the documents, then file the first set of documents, the Divorce Complaint and supporting documents, with the court.
- Have both spouses sign the Settlement Agreement. After 30 days file the second set of documents, the Settlement Agreement and supporting documents, with the court.
- A judge completes your divorce by signing your divorce decree.
Division of property, child parenting plan (including child support, visitation and custody), alimony, and more are covered. DivorceWriter guarantees that your documents will be accepted by the court or your money back.
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