Latest News 2009 October What Are the Requirements for Divorce?

What Are the Requirements for Divorce?


Depending on your state of residence, you may have to meet certain legal grounds before you will be eligible to file for divorce.

Some states, like California, do not require a couple to meet any type of legal grounds. This is because California is a "no fault" state. In California, a couple can file for divorce on grounds of irreconcilable differences, which essentially means the couple simply no longer gets along and they do not have a desire to work through their problems.

Some states, like New York, are not "no fault" states.  In New York, for example, one or both spouses must be at fault for the dissolution of the marriage.  Examples of "fault" include:

  • Adultery
  • Imprisonment for three years or more
  • Abandonment for one year or more
  • Cruel, abusive, or inhumane treatment

If neither spouse has committed fault, but they still want a divorce, they can either live separately or apart for at least one year made official by a separation agreement, or they can live separately or apart for at least one year and petition the court for a Judgment of Separation.

Residency Requirements & Divorce

In addition to meeting certain legal grounds, all states require married couples to meet some type of residency requirement before they can file for divorce.  The purpose of these requirements is to ensure the couple has lived in the state for a long enough period of time.

Contact an Experienced Divorce Attorney

If you are interested in learning about the legal grounds for divorce in your state, it is best to consult an experienced divorce lawyer in your area.  The divorce laws in each state are different, so it is always best to speak with a knowledgeable divorce lawyer before filing for divorce.

Click here to find a divorce lawyer near you!

Categories: Divorce