Either you or your spouse must meet the residency requirements. Generally, you or your spouse must have lived in New York for at least one continuous year before starting the divorce case.New York allows for both fault and no-fault grounds for divorce. No-fault divorce can be based on an irretrievable breakdown of the marriage for a period of at least six months.Before filing for a no-fault divorce, you and your spouse may choose to enter into a legal separation agreement. This agreement can address issues such as property division, child custody, and support.
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