Many people considering divorce are not sure whether they qualify or not. Confusion about what the law requires is common, in part because every state has a slightly different approach to divorce proceedings.

It is common for spouses hoping to leave due to adultery or a declining and unhealthy dynamic to worry about whether they have enough evidence to justify filing for divorce. They may not have any concrete proof of the misconduct they have experienced or the change in their marital relationship.

What do the New York family courts require from people who want a divorce?

Residency is the main concern to validate

New York divorce laws generally only apply to people who have lived in the state for at least one year as a couple or two years while married. If one spouse pursues a fault-based divorce, the residency requirement is only one year if the conduct that provides grounds for the filing occurred in New York.

Either spouse can file, as New York is a no-fault divorce state. A spouse does not need to hire a private investigator or spend months suffering through continued mistreatment to document what has occurred to provide just “cause.” They also do not need the consent of their spouse or an agreement to initiate divorce, although uncontested divorces, where spouses cooperate, are typically faster than litigated divorces, where they wait for the courts to review and rule on their disagreements or fault-based divorces. Only those who want to pursue a fault-based divorce need evidence of misconduct.

Understanding the legal requirements for a New York divorce can help people in unstable or unsatisfying marriages prepare for the future. Divorce in New York is much more accessible than many people initially realize.