You may be wondering whether there are certain residency requirements that must be met in order to get a NY divorce.  The answer is yes.

In order to get a NY divorce, you have to meet the residency requirements first.  The residency requirements are simply different rules governing whether the NY courts have the jurisdiction, or power, to hear your case.

The residency requirements are set forth in DRL 230 and 231 and are as follows:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

The wording of the law is a little confusing.  Basically, in most cases, you have to have lived in New York State for at least a year or possibly two before you can get a NY divorce depending on your specific situation.

If you meet the above residency requirements or would like to know whether or not you meet the NY Divorce residency requirements, please call (866) 830-2064 to schedule a free consultation with one of our NY divorce lawyers now.

The Law Office of David Centeno, PLLC

We have been receiving a ton of phone calls from people asking about the status of New York’s no fault divorce law.

Right now the bill sits on Governor Paterson’s desk.  He has voiced his support for the bill and stated that he intends to sign it.  If he does not sign or veto it by tomorrow it will automatically become law.

The law will take effect sixty days from when he signs the bill into law, or it defaults into a law tomorrow.

There has been a lot of controversy surrounding the no fault divorce law, but the overwhelming support has been winning out.

If you are interested in learning more about New York’s no fault divorce law, please call our NY no fault divorce lawyers to schedule a free consultation at (866) 830-2064.

I often am asked by clients whether a social security number is required to get a New York divorce.  The short answer is yes and no.

Confusing, right?  Let me explain…

Even if you are an undocumented immigrant (i.e., an illegal alien), you can still get a New York divorce.  The court will not alert the government of your undocumented status.  So you are safe from deportation and can still get a New York divorce.  Let me repeat, you will not be deported and can get a New York uncontested divorce.

We will prepare a special affidavit for this situation, in which you swear to not have a social security number.  That is all that will be required for you to get your New York uncontested divorce.

If you or your spouse does have a social security number, you do need to provide it to the court.  We run across many instances where clients do not know their spouse’s or partner’s social security number and have no way of getting it.  This is a problem and the New York courts will reject your divorce without it.

If you are an undocumented immigrant or illegal alien and would like to learn more about obtaining a New York divorce, contact our law office for a free initial consultation.  Our toll-free number is (866) 830-2064…

The New York Times has published letters from readers responding to it recent scathing editorial regarding New York state’s refusal to enact no fault divorce laws.  New York is the only state that requires you to prove the fault of your spouse to legally justify your divorce.

A number of readers wrote in regarding New York’s old-school divorce stance, just adding fuel to the already hot topic.  As a NY divorce attorney, I fully agree with all of the readers comments and believe that NY should change its divorce laws.  Moreover, New York is being challenged to make that change quickly.

If you have any questions regarding your divorce, our law office offers free divorce consultations.  Visit our NY divorce attorney website or call (866) 830-2064.  We offer one of the most affordable divorce rates in all of New York state, just $499.

Last week, the New York Times wrote a scathing editorial regarding New York’s old-school divorce law.  New York remains the only state in the United States of America that does not have a no-fault or irreconcilable differences grounds for divorce.

In New York state, if you want to get divorced you have to prove that you have a legally justifiable reason for court to grant you a divorce.  In other words, you need to prove that you have grounds for divorce: that your spouse is guilty of what is called marital fault, i.e. that your spouse committed adultery, treated you in a way that is cruel and inhuman, abandoned you or has been imprisoned for a significant period of time. Although, a no-fault divorce is available in the minority of cases where the parties have been legally separated for one year and filed their separation agreement with the court.

The NY Times discussed the serious consequences that result from New York refusing to keep its divorce law up to speed with the rest of the nation by enacting no fault divorce laws:

The current rules inflict serious financial and emotional costs. Litigants end up spending thousands of dollars in unnecessary legal fees, and courts devote significant time to airing the painful and highly personal details of a breakup. It is a ridiculous use of judicial resources at any time, but especially in tough fiscal times.

As the NY Times concludes, the failure to recognize no fault divorce does not have the effect of saving marriages (which is the proffered public policy justifying New York’s antiquated stance), it just results in more painful and expensive divorces.

The Times eloquently highlights that time has come for New York to join the rest of the nation and allow a no-fault grounds of divorce.

If you want more information on how to deal with New York’s fault divorce law, contact our law office today for your free consultation. (866) 830-2064…

If you are getting an uncontested divorce, usually your spouse will voluntarily sign the divorce documents.  By its nature, an uncontested divorce is usually agreed upon by both you and your soon-to-be ex.

Occasionally, a situation arises where your spouse refuses to sign the documents quickly or just flat out refuses to sign.  This may happen if he or she for some reason has a change of heart.  Don’t worry, you still may be able to get an NY uncontested divorce.  You can have your soon-to-be ex-spouse officially served with the divorce papers.

Yes, having him or her served is an added expense.  Although, its truly a nominal amount (often $100 or less) to shell out to accomplish some very important divorce tactics.  Here are the reasons for and against having your spouse served by a process server.

Reasons For Having Your Spouse Served:

• You will have an affidavit from the process server proving that you served your spouse, therefore he or she cannot claim that they were never given notice (i.e. made aware) of the divorce proceeding.
• If your spouse doesn’t reply to the Summons with Notice that is served upon him or her, then after 20 days you can proceed with the divorce.
• Your spouse can’t delay 120 days after you file for divorce and pay $210 for your index number to start the divorce process in a New York court.  If your spouse delays in signing the divorce papers or evades service (which is unlikely if you hire a professional process server) for 120 days, then your index number will have expired and you will have to purchase another index number for an additional $210.

Reasons Against Having Your Spouse Served:

• Its going to be an added an expense (usually$100 or under)…

You decide…

Our law office offers free divorce consultations.  Claim yours today to answer all your NY divorce questions and to get your divorce process started today…

One of the most common questions I am asked by clients, aside from how much is this going to cost, is am I eligible to get divorced in New York State.

New York law (NY Dom Rel Law §230) is a little tricky when it comes to its residency requirements.  I have simplified the law below.

You may file for divorce in New York State if:

1. Either you or your spouse has lived in New York state for at least two (2) years immediately leading up to the date you file for divorce OR
2. Either you or your spouse has lived in New York for at least one (1) year immediately leading up to the date you file for divorce AND:
   • your marriage took place in New York, or
   • you and your spouse lived in New York during your marriage, or
   • the cause for the “grounds” for the divorce occurred in New York OR

3. Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York.

Therefore, if you meet the above residency requirements then you may get divorced in New York State.  Our law office offers free, no obligation, divorce consultations.  Contact us at (866) 830-2064 to claim your free consultation today…