Filing for Divorce in Queens: What You Need to Know

• Posted on: May 7 2016
• By: admin

Getting divorced comes with a lot of confusion. Whether you’re just thinking about filing or you’ve already begun the process, there are a few things you need to know about filing for divorce in the state of New York. 

Here are some of our most frequently asked questions we receive here at FK Law Group in Queens: 

What are the NY state requirements for filing for divorce?

If you’re looking to file for divorce in New York, you need to meet one of the following requirements:

• Either you or your spouse must live in the state of New York for the two years immediately leading to the date of file
• Both members of the marriage live in New York on the date of filing and the cause of divorce occurred in the state of New York
• You or your spouse lived in the state of New York for the year immediately leading up to the date of filing and:
  • You were married in the state of New York
  • Both you and your spouse lived in New York during your marriage
  • The cause of divorce occurred in the state of New York

If I still live with my spouse, can we get divorced?

If you still live with your spouse, you are still able to get a divorce. It does not matter if you are filing for a fault-based divorce or a no-fault divorce, but if you first plan on filing a separation agreement, you will need to live apart. It is also important to consider the risks that come with living with your spouse while getting a divorce. 

Do I Qualify for Spousal Support?

Spousal support is the name for money paid from one spouse to another while the divorce is in process. To see if you qualify for spousal support, you will need to file in family court. Even if you are still living with your spouse, you may still qualify for spousal support. 

Once the divorce has been finalized, you may be rewarded maintenance or alimony. The amount you receive and the length you receive payments will be determined in court, but the judge will take the following factors into account: 

• The income of you and your spouse
• The property owned by you and your spouse
• The length of the marriage
• The age of you and your spouse
• The health of you and your spouse
• The education level of you and your spouse
• If you or your spouse has given up career opportunities for the other

If you have more questions about filing for divorce in Queens, contact the FK Law Group. FK Law Group helps individuals throughout Queens and New York City who need legal guidance and experienced counsel throughout the divorce process. The qualified divorce attorneys at FK Law Group in Queens can be reached at 1-800-631-1757 for legal advice and experienced counsel throughout your divorce process.

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