You will need to contact the local authorities and get a heap of paperwork. All should be filled and then comes the part if the divorce is contested or uncontested. In a contested divorce there is unsettled agreements such as childcare, ownership of apartments or plainly money. Those are just a few examples if the divorce is uncontested that means no parties objects to the divorce then it can all be solved without a court being held.
New York
It will not matter that your spouse refuses to sign divorce papers in New York once the state approves the new no-fault divorce law. Under the new law, you will be able to start divorce proceedings without her consent. The governor is expected to sign the bill the week of July 5, 2010 and then the law will go into effect immediately. Under the new law, to file for divorce one of you will have to state under oath that the "relationship between husband and wife has broken down irretrievably for a period of at least six months." To view the text of the new law, visit www.new-york-no-fault-divorce.com/ny-law Its a helpful blog on the subject. It has links to news and opinions on no-fault divorce in New York, as well as links to professionals who can help with your divorce.
There are many places where one can find a divorce lawyer in New York. One can check sites such as NY Courts and FindLaw. Alternatively, once can check related forums on the topic.
A divorce can be granted under New York laws when: 1. The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 2. The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 3. The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or 4. The grounds for divorce occurred in New York, and both parties are New York residents at the time the divorce papers are filed, or 5. Either party has been a resident of New York for a continuous period of at least two years immediately before filing the divorce papers. Section 230 of the New York Statutes.
Yes, you can divorce in New York state no matter where you married, providing that at least one spouse meets the residency requirements for divorce in New York State. Currently, you must live in NY state for 1 full year before filing for divorce. If your spouse has never lived in New York state and the causes of the divorce did not occur in New York state and you were married elsewhere, then you must wait 2 full years.
49 All except New York
I was married in TX, and tried to file for divorce after moving to NY, however I found out that you have to be a legal resident of New York state for one year prior to filing. It may depend on what state you are living in now, though. I don't know if it's the same rule for all states.
Your spouse walked out, and you'd like to file for divorce? "Abandonment" is grounds for divorce in any of the "fault" states. The essential procedure is to publish a notice of intent to divorce in the paper for one month. If it hasn't been answered by then, you file for divorce and it's granted. I recommend changing the doorlocks.
You can divorce in the state you live in, if you meet the divorce residency requirements. If he or she files in one state, you will need an attorney in that state.
A license does not mean one got married. You can file for divorce at your current state of residence.
What difference does it make if you have no children or 12 ? How would this affect weather or not you can file for divorce ?
No. Most states, including New York, have no fault divorce available and no longer require specific grounds for divorce. A party need only provide a general reason for the divorce such as irreconcilable differences or an irreparable breakdown of the marriage. No fault divorce became available in NY in 2010.In the US, one spouse cannot prevent a divorce.Can_your_husband_divorce_you_with_no_grounds_for_divorce