Key points of New York's divorce laws include that an individual or his spouse must have been living in the state continuously for at least two years prior to applying for a divorce, explains DivorceNet. Alternatively, both parties must be New York residents at the time of the divorce, and the grounds for divorce must relate to issues that have arisen in the state.
Alternative criteria for applying for divorce is when an individual or his spouse has lived in New York continuously for one year prior to divorce, with the grounds for the divorce occurring in New York, says DivorceNet. In another scenario, an individual may apply for a divorce if his marriage was performed in New York or he and has spouse have lived in New York as a married couple, provided in either case that at least one of them has resided in the state for a continuous year prior to divorce.
Grounds for divorce in New York include cruel and inhuman treatment, abandonment, imprisonment and adultery, explains DivorceNet. Moreover, couples can divorce if they have been living apart pursuant to a legal order mandating separation or a voluntary agreement. Lastly, under the state's no-fault statute, couples can divorce without citing any spousal misconduct, provided that there has been a breakdown of the relationship for at least six months and there is no hope for reconciliation.