Abandonment by the defendant for at least one year prior to filing
Conviction of a crime and imprisonment for at least 3 years after the marriage
Residency:
The parties were married in the state and either party has been a resident for at least one year prior to filing
The parties have resided in the state as husband and wife and either party has been a resident for at least one year prior to filing
The grounds for divorce occurred in the state and both parties are residents at the time of filing
The grounds for divorce occurred in the state and either party has been a resident for at least one year prior to filing
Either party has been a resident of the state for at least two years prior to filing
Legal Separation Recognized? Legal separation will be ordered for the following causes:
Adultery
Extreme cruelty
Abandonment by the defendant
Confinement in prison for a period of three years or more after the marriage
Alimony, property distribution and child support can be awarded.
Property Distribution: New York relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony: Alimony may be awarded to either party at the discretion of the court.
I AM STILL LIVING WITH MY SPOUSE. IS IT POSSIBLE TO DIVORCE STRAIGHT AWAY WITHOUT SEPARATION IN NYS ?.
can I claim both my children for taxes this year even tho i did agree in the divorce that he could claim one. he has pain no child support this year.