Understanding No-Fault Divorces in Syracuse

In the past, some form of valid grounds—such as adultery, cruel and inhuman treatment, desertion, or imprisonment—were necessary when filing for dissolution of a marriage. Today, however, this is no longer the case in New York State.

What No-Fault Divorce Means

No fault divorce usually reduces the legal expenses associated with the divorce process and is faster and more efficient in general. However, this does not mean a divorce will be granted before you and your spouse decide issues such as child support and custody, spousal maintenance, and equitable distribution of marital assets and debts via a settlement agreement. Each of those issues must be addressed before a divorce can be granted by the court.

Residency Requirements

According to NYDRL §230, there are certain residency requirements necessary to file a no-fault divorce in New York. In order to file for divorce in Syracuse, at least one of the following qualifying scenarios must apply to you and/or your spouse:

Either you or your spouse must have been a legal resident of New York State for at least two years prior to the date of you filing for divorce
Both you and your spouse live in New York at the time of the filing and for at least one year before starting the divorce, and the cause for the divorce occurred in the state
Either you or your spouse lived in New York for at least one year prior to filing for divorce, and your marriage took place in New York, you both lived in New York during the marriage, or the cause for divorce occurred in New York

How a Syracuse Matrimonial Attorney Can Help

If you are interested in learning more about no-fault divorces in New York, a Syracuse matrimonial attorney with Tully Rinckey PLLC can explain the entire process to you and help with your no-fault divorce needs.
We work aggressively to ensure our clients resolve the often-complicated issues facing divorcing couples. Call us today at (315) 492-4700 or email us at info@tullylegal.com to arrange a consultation.

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