Jean M. Mahserjian, Esq., PC

You may obtain a divorce in New York State even if you were married in another state, but there are residency requirements. If both spouses are currently living in New York State and have lived here continuously for one year, either may file for divorce. If only one party is living in New York State but has lived here continuously for two years, that party may file for divorce.

Historically, one could only obtain a divorce in New York State because of some demonstrable fault on behalf of one party. These grounds for a “fault” divorce included abandonment, imprisonment, cruel and inhuman treatment, and adultery. All states in the Union now recognize some form of “no-fault” divorce, meaning that the relationship between spouses has broken down and remained essentially unfixable for at least six months prior to one party filing. In 2010, the New York State Legislature added a provision for “no-fault” divorce. This has done much to reduce litigation in the state. Most litigants and attorneys now choose to file for divorce on a no-fault basis. There is a much lower burden of proof: the claim need rest only on one party’s sworn statement that the relationship has deteriorated.

Once an individual files for divorce in New York, the court issues temporary orders prohibiting certain actions. These include modifying a life insurance policy. If you’re worried about a spouse dropping you from his or her health insurance, rest easy – the court prohibits this, too, along with the selling of major assets.

It will be a good idea for you to open your own bank account as soon as possible, even if you are still living in the same household as your spouse. Any income you make after one party files for divorce is yours, and not subject to equitable distribution along with marital assets. If you continue to deposit paychecks into a shared account, it may be difficult to keep these funds safe.

You can file jointly if you are not divorced before the end of the tax year. You’re better served seeking the advice of a tax specialist rather than only an attorney in this case. While filing jointly may save both parties money, there may be other complicating factors to consider.

Circumstances change, and the obligations you settled and arrangements you made in a divorce might not fit in the future. If you and your spouse can agree to change your divorce settlement, you can draft and sign an addendum modifying the original terms. You can also go to a State Supreme Court or Family Court. In either case a judge will still have the final say over a change to your original agreement. If you want to make a change but your former spouse doesn’t agree, you may go to court and request a change – whether to spousal support, child custody, or child support – and demonstrate to the judge that your circumstances have changed significantly enough to merit this adjustment.

In New York State, courts presumptively entitle the less moneyed or non-moneyed spouse in a divorce case to an award covering attorney fees. You may request this in court. This presumption rests, of course, on the income disparity, but a judge might consider other factors.

The Office of Court Administration in New York publishes guidelines encouraging county courts to conclude divorce proceedings within six months. However, the length of a divorce case depends upon the level of conflict. If spouses are largely in agreement or else are ready to compromise, it might be over in well under six months. If the parties have difficulty negotiating or throw up roadblocks, if documents are hard to find, and if more outside professionals – like forensic accountants and psychologists – have to get involved, the case can drag on for over a year. This happens more often with longer marriages and when there are children and significant assets involved.