What are the legal requirements for a divorce?

In New York, in order to file for divorce, one must meet residency requirements. Generally, one must have lived in the state for at least two years prior to filing for divorce. Additionally, the couple must be living apart and all efforts to reconcile should have been exhausted. In New York, there are two types of divorces: uncontested and contested. An uncontested divorce is where both parties agree to the divorce without a trial. In this case, a written agreement should be drawn up and filed with the court. The agreement should include the division of property, whether alimony is to be paid, and any related matters such as child support or custody arrangements. For a contested divorce, one party must file a petition seeking the dissolution of the marriage. If the other party does not agree, a trial will be held where the court makes a decision on the matter. At the trial, both parties must present evidence to the court in support of their claims. The court will then issue a divorce decree, which will include provisions for all of the matters pertaining to the divorce. Once the court has made its decision, the divorce is final. Either party can appeal the court’s decision, however, they must do this within 30 days of the decision being made. If the decision is not appealed, it is legally binding for both parties and the divorce is complete.

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What are the legal requirements for a divorce?

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