New York Divorce Laws
There are two types of divorce: (1) a Contested Divorce, in which the parties have a dispute over one or all of the issues involved in a divorce; and (2) an Uncontested Divorce, in which the parties have no disputes.
A contested divorce can have some uncontested issues, such as an agreement for child custody, an agreement for child support, and an agreement for child visitation, even though there may be a disagreement regarding the distribution of property.
Selecting an experienced attorney to represent your interests in a family law or divorce matter is important. You will be making very important decisions, and you to have accurate information and sound advice in order to make informed decisions.
Located in the heart of Central Islip, the Law Offices of Shawn R. Kassman provides quality family law and divorce representation to men and women throughout Suffolk County and Nassau County, including the areas in and around Bayshore, Oakdale, Sayville, Riverhead, Port Jefferson, Brentwood and Holtsville.
To speak with an experienced Suffolk County Divorce Lawyer about your divorce matter, please call 631-232-9479 (toll-free 1-888-545-2944).
New York Divorce Laws
Under New York divorce laws, parties must establish one of six grounds for divorce:
- Abandonment
- Adultery
- Confinement to Prison
- Cruel and Inhumane Treatment
- Living Separate and Apart Pursuant to a Separation Agreement
- Living Separate and Apart Pursuant to a Separation Decree or Judgment of Separation
- Property Division
Residency and Filing Requirements
Under New York divorce laws, residency requirements must be met in order for the court to have jurisdiction to hear the case. If the court does not have jurisdiction, the court will not take the case, or will dismiss the case as soon it discovers that the jurisdictional requirements are not met. The requirements are as follows:
Required residence of parties: An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:
- The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
- The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
- The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
- The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
- Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action. (Consolidated Laws of New York – Domestic Relations Laws – Article 13 – Sections: 230 and 231)
If there is no prenuptial agreement, the parties are each entitled to 50 percent of the assets accumulated during the marriage, regardless of whether the assets are in one spouse’s name or in both spouses’ names. As long as the parties accumulated the asset during the marriage, each party is entitled to half. Assets include pensions, bank accounts and real estate.
Contact An Experienced Suffolk County Divorce Attorney
If you have Divorce related questions, or want more information about New York Divorce Law, please call attorney Shawn Kassman or a member of his legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. We are available 24 hours a day, 7 days a week and represent clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties.
