New York Legal Requirements for Divorce
|Code Section||Dom. Rel. §§170, 171, 202, 230, 231|
|Residency Requirements||Were married in state or reside in state as husband and wife and either party has been resident 1 yr. before commencing suit; cause occurred in New York and both parties are resident at commencement of suit; either has been resident for 2 yrs.|
|'No Fault' Grounds for Divorce||Separation (1 yr. or more).|
|Defenses to a Divorce Filing||Adultery: Offense committed with plaintiff's connivance; offense forgiven (shown affirmatively, by voluntary cohabitation, or by no action commenced within 5 yrs. of discovery of offense); plaintiff also guilty of adultery; defendant may set up misconduct of plaintiff as justification.|
|Other Grounds for Divorce||Adultery; cruel and inhuman treatment; abandonment (for 1 or more years); imprisonment of defendant for 3 or more consecutive yrs; lived apart for 1 or more yrs.|
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