NEW YORK

To obtain a no-fault divorce in the State of New York, any of the following must apply: If only one spouse resides in New York, any of the time of filing the divorce, the residency requirement is two years. However, that requirement is reduced to one year if 1) the spouses were married in New York and either spouse is still a resident; or 2) they once resided in New York and either spouse is still a resident; or 3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides. [Consolidated Laws of New York Annotated; Domestic Relations Laws, Sections 230 and 231; and New York Civil Practice Laws and Rules, Rule 503].

The legal grounds for divorce in New York are: No-Fault: 1) living separate and apart for one year under the terms of a separation agreement which is in writing and signed and notarized. Proof of compliance with the terms of the settlement agreement must be submitted when the divorce is filed. In addition, a copy of the agreement or a brief memorandum of the agreement must be filed in the office of the clerk of the county; or 2) living separate and apart for one year under the terms of a judicial separation decree. [Consolidated Laws of New York Annotated; Domestic Relations Law, Section 170].