If you find yourself in a situation where you got married outside of New York but now wish to file for divorce in the state, you might be wondering whether it is even possible. Well, the answer is yes! However, there are some important things you should know before proceeding with your divorce case. In this article, we will delve into the requirements and procedures for obtaining a divorce in New York when your marriage took place outside of the state.
Residency Requirement: A Key Factor
To file for divorce in New York, you must meet the residency requirement, which demands that either you or your spouse has attended to the state continuously for at least two years prior to initiating the divorce proceedings. However, fret not if you don’t meet this requirement. You may still be eligible to file for divorce in New York under the following scenarios:
- Marriage in New York: If your marriage took place in New York and either you or your spouse has been a resident of the state for at least one year prior to initiating the case.
- Joint Residency: You and your spouse are both current residents of New York at the time the divorce case is initiated, and the grounds for divorce occurred within the state.
- Cause of Action in New York: The cause of action for divorce occurred in New York, and both you and your spouse were residents of the state at that time.
Thus, even if you were married outside of the state, as long as either you or your spouse meets any of the above residency requirements, you maintain the capacity to file for divorce in New York.
Understanding Grounds for Divorce
In New York, divorces can be granted based on either fault or no-fault grounds. No-fault divorce is more common and implies that you and your spouse have lived apart for at least one year, and the relationship has now irrevocably broken down. On the other hand, fault-based divorce necessitates providing evidence of one or more of the following grounds:
- Adultery
- Cruel and Inhuman Treatment
- Abandonment for Over One Year
- Imprisonment for Three or More Years
- Living Apart Pursuant to Separation Decree or Judgment for Over One Year
While it is important to note that your grounds for divorce must have occurred within the state of New York, regardless of where your marriage took place, you can still seek a divorce in the state.
Jurisdictional Considerations
In the event that you were not married in New York and fail to meet the residency requirements, there are still circumstances under which you might be eligible to file for divorce in the state. For instance, if your spouse is a resident of New York and you were married in a jurisdiction that recognizes same-sex marriage, you can initiate divorce proceedings in New York even if you do not reside in the state. However, it’s worth noting that issues of jurisdiction may arise if your spouse does not live in New York, and the grounds for divorce did not take place within the state.
In Conclusion
To summarize, it is indeed possible to obtain a divorce in New York, even if your marriage occurred outside of the state, as long as either you or your spouse meets the residency requirements. It is imperative that the grounds for divorce occurred within the state itself, and you should be aware of the potential jurisdictional challenges if either the residency requirements are not met or your spouse does not reside in New York. If you are considering a divorce in New York, it is highly recommended that you seek the advice of an experienced family law attorney. They can provide you with guidance throughout the process and help you understand all of your legal options.