Westchester County Lawyer Focusing on Divorce in New York
Struggling with Divorce Issues? Ask Our Firm For Help
If you are considering filing for divorce in New York, the attorneys at Siriano & Bernstein, P.C. understand how the Supreme and Family Courts system works. We handle a full spectrum of issues regarding divorce, and represent clients throughout Westchester County.
Residency requirements
To obtain a divorce in New York, at least one of the spouses must have been:
- A resident of New York for a continuous period of two years immediately before filing for divorce, or
- A resident of New York for at least one year before filing if their marriage ceremony was performed in New York or the couple lived in New York as husband and wife
If the grounds for divorce occurred in New York State the divorce can be filed in New York, no matter how long either of the spouses have been state residents.
Grounds for Divorce in New York
In New York, a divorce may be based on no-fault grounds, the irretrievable breakdown in relationship for at least six months, or any of following fault grounds:
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Adultery
- Living separate and apart under the terms of a separation judgment or decree
- Living separate under the terms of a separation agreement
Property Division
New York is an equitable distribution. There is usually more than one deciding factor regarding property division, and the judge usually tries to divide marital property in the fairest way possible, which may or may not be completely equal. Only marital property is equitably divided by the Court. Each spouse retains his or her separate property.
Call Us For Compassionate Divorce Representation
If you are looking for personal representation from an experienced divorce attorney, call Siriano & Bernstein P.C. Our Westchester County law firm will fight to protect your interests and guide you through what can be a complex and often painful process. Contact us online or call 718-823-2600 to set up your initial consultation today.