Can we get divorced in New York State even if we didn’t get married in NYS?
Yes, but a divorce action may only be started in a NYS court if one of the residency requirements of Domestic Relations Law (“DRL”)Section 230 is met: DRL Section 230 states that a divorce, separation action, annulment action, or an action to declare the nullity of a void marriage, may be maintained in NY where:
1. The parties were married in NY, and one person has resided in NY for a continuous period of one year immediately before the action is started; or
2. The parties resided as a married couple in NY, and one person has resided in NY for a continuous period of one year immediately before the action is started; or
3. The cause of action for divorce occurred in NY, and one person has resided in NY for a continuous period of one year immediately before the action is started; or
4. The cause of action for divorce occurred in NY, and both parties are residents when the divorce action is started; or
5. Either party has been a NY resident for a continuous period of two years immediately before the action is started.
What is a void marriage?
A marriage is “absolutely” void if one of the parties is previously married to another person. The action to declare the nullity of a void marriage can be brought by the husband, wife, or the “former” spouse. An incestuous marriage is also void. A marriage is incestuous if it is between: an ancestor and a descendant, a brother and sister, and an aunt and a nephew or an uncle and niece.
Does NY have “no-fault” divorce?
Effective October 12, 2010, a new ground for divorce was added–irretrievable breakdown. If the spousal relationship has “broken down irretrievably” for a period of six months or more, and either party says so under oath, a court may grant a judgment of divorce provided all economic and custody issues have been resolved between the parties or by a court.
What are the court fees for an uncontested divorce?
Currently, the fees are $210 for an index number and $125 to file a note of issue, for a total of $335.
How long do I have to answer the divorce summons I was just served with?
In order to avoid default, quick action should be taken. If a divorce summons was served upon you personally, there is a twenty day period in which to serve a formal response. But, the other party must wait at least forty days after service to put the case on the “uncontested” calendar.