For some couples, the best option for everyone involved is to end the marriage. While divorce can be an emotionally challenging time, the assistance of a seasoned family law attorney could limit much of the strain.
Working with an attorney could help you streamline the process and avoid unnecessary conflicts. Delays are not only hard on a personal level, but they can also lead to unexpected financial challenges as well. You could develop a plan to move forward with the help of a Manhattan divorce lawyer.
What are the Divorce Requirements in Manhattan?
There are several requirements that must be met before the courts will consider issuing a divorce decree. First among these are residency requirements. Courts in Manhattan will only move forward with divorce proceedings if at least one of the parties to the divorce has been an actual resident of the state for at least the 60 days leading up to the filing of the petition. If there is a residency dispute, the petitioner could establish that they have lived in the state for the requisite amount of time through the use of a driver’s license, a dated lease, or some other form of documentary proof.
However, there are exceptions to the residency requirement. A person that does not permanently reside in the state could still pursue a divorce if they are stationed on a military post. To meet the requirement, they must have been stationed within the state for 60 days prior to filing the petition.
It is important that a petitioner pay careful attention to these requirements before filing for divorce. The failure to comply could cause extensive delays and require the process to begin again once residency is established. Fortunately, a skilled divorce attorney from Manhattan could help ensure all residency requirements are met.
Grounds for Divorce
There are three separate grounds for divorce according to state law. When a petitioner files for divorce, they must allege which of these grounds they are relying on. A seasoned Manhattan divorce attorney could advise the individual filing for divorce on the grounds that best fits their situation.
While the term “no-fault divorce” is not found under state law, the grounds of incompatibility essentially qualify. By seeking a divorce based on incompatibility, the petitioner is not required to prove that the other side was at fault for the dissolution of the marriage. However, proof of fault could still be used when it comes to the division of assets.
Failure to Perform a Marital Duty
While incompatibility is the most commonly used grounds for divorce, a petitioner could also seek to dissolve a marriage due to the failure to perform a marital duty. This failure could cover anything from extreme cruelty to drunkenness to adultery.
Incompatibility due to Mental Illness
It is also possible for a spouse to seek a divorce based on incompatibility due to a mental illness. There are specific facts that must be established for these grounds to be viable. A spouse must have been confined in a mental institution for two or more years before their spouse can pursue divorce on mental illness grounds. Additionally, they must also show the court has adjudicated the spouse as mentally ill, and at least two court-appointed doctors must find the chances of recovery are low.
Contact a Manhattan Divorce Attorney Today
A divorce can be one of the most challenging times in a person’s life, even if it is in the best interests of everyone. Fortunately, you do not have to go through this difficult time alone. If you are ready to move forward, let a Manhattan divorce lawyer guide you along the way. Call us right away to get started.