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Rosenberg & Rodriguez Divorce

Until 2010, in New York State the parties could only get divorced based on five grounds:

  1. Cruel and inhuman treatment (Domestic Relations Law §170.1);

  2. Abandonment for a continuous period of one year or more (DRL §170.2) or constructive abandonment;

  3. Imprisonment for more than three years subsequent to the marriage (DRL §170.3);

  4. Adultery (DRL §170.4);

  5. Conversion of a separation judgment (DRL §170.5);

In October of 2010, the new law went into effect allowing parties to obtain a "no-fault" divorce based on an irretrievable break down of the marital relationship for a period of at least six months.

For New York State Supreme Court to have jurisdiction over the parties (see DRL §230) one of the following residency conditions must be satisfied:

1. The marriage ceremony was performed in New York and either spouse resides in the state at the time of the commencement of the action for divorce and has resided in New York State for at least one continuous year immediately before the action.

2. The parties had resided as husband and wife in New York State and either spouse is a resident of the State of New York at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately preceding the date of the commencement of the action.

3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the commencement of the action.

4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced.

5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce.

Residing "continuously" in the state does not mean that the party could not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York.



Manhattan Address:

40 Fulton Street, 23rd floor
New York, NY 10038

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E -mail: laura@rosenbergfirm.com

Phone: (516) 442-7310
OR (888) LAW-5080

Fax: (212) 233-3289

Long Island Address:

87 Church Street
Freeport, NY 11520

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40 Fulton Street, 23rd floor
New York, NY, 10038 USA
(516) 442-7310
40.7078755, -74.0047447