Do I need to be a resident of New York State in order to get a divorce in the state?
Yes. Need to show that you and spouse have lived in NYS, continuously (no interruption), for a certain period of time.
- Husband and wife got married in NYS and either spouse still lives in NY and have lived in the state continuously for one year before the divorce case starts.
- Husband and wife lived in NY at some point during the marriage and still live or have lived continuously in the state for at least one year before the divorce case starts.
- The reason for getting divorced happened in NY and husband and/or wife lived in the state continuously for at least one year before the divorce case starts.
- The reason for the divorce happened in NY and both husband and wife still live in NY when the case starts.
Do I have to be detailed when describing inhumane treatment?
Yes. State how each of your husband’s actions affected you mentally, physically, or emotionally. State where each act took place. Example: If verbal abuse, use exact words your spouse used.
What do I need to do to get a divorce using a separation agreement?
Difficult to do without a lawyer. Husband and wife must agree on all important issues and must cover:
- How husband and wife will divide property they got while married (car, money in pension and bank account etc.)
- Who gets to keep home both husband and wife have been living in, if it’s not being sold.
- Who will get custody of the children, if any. & visitation rights
- How much child support the parent without custody will have to pay.
- How much spousal support, if any, one spouse has to pay to the other and for how long.
- Whether one or both of you will provide medical or life insurance for your children
- Who will be paying what debts, if any.
If I was covered by my spouse’s health insurance what happens to that health insurance after the divorce?
It will most likely terminate and you will be responsible for obtaining your own health insurance.
