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Matrimonial Law in Westchester County

Grounds for divorce

In Westchester County, a husband or wife may file for divorce based on the following grounds:

  • Cruel and inhuman treatment
  • Abandonment by your spouse for at least one year
  • Confinement of your spouse in prison for three or more consecutive years after your marriage
  • Adultery
  • Living apart in a legal separation for one or more years

Seeking advice from an experienced matrimonial lawyer in Westchester County can help you file for divorce or respond to a petition if you have been the spouse served. If you are the person asking for the divorce, you must be able to prove one or more of these grounds. Your Westchester County matrimonial attorney can work with you to establish and show grounds. Typically, the grounds for divorce do not impact any other issues of the marriage's dissolution, such as property division, unless there are extreme circumstances. A matrimonial attorney in Westchester County can determine whether extreme circumstances apply to your situation.

Residency requirements

To file for divorce, you and your spouse must meet one of the following five residency requirements:

  • You married in New York, and either of you lived in New York for one year prior to filing
  • You lived in New York as husband and wife, and either of you lived in New York for one year or more prior to filing
  • The grounds for the divorce happened in New York, and either of you lived in New York for one year or more prior to filing
  • The grounds for the divorce happened in New York, and both of you live in New York at the time of filing
  • Either of you lived in New York for two years or more prior to filing

An experienced matrimonial law firm in Westchester County can help you understand New York's divorce procedures and provide compassionate guidance through the process that will serve you best—litigation, Collaborative Practice, or mediation.

Contact us today for more information

If you need a Westchester divorce lawyer and want to find out how collaborative practice or mediation can benefit you, please call the Katherine Eisold Miller Collaborative Law and Mediation Offices in New Rochelle, N.Y. at 866-942-3801 or contact us online.