USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
1. Divorce 1.1 Grounds, Timeline, Service and
city or county office in which the couple regis - tered their partnership. Domestic partnerships are not dissolved by divorce courts. Process and Timeline There is no mandatory timeline for divorce and courts maintain discretion with respect to the length of individual proceedings. The parties do not need to attend court, pro - vided that the necessary submissions have been filed with the Supreme Court of the State of New York, in the county where the parties are divorc - ing. It is not possible to procure a divorce with - out the Supreme Court’s entry of a Judgment of Divorce, even if the matter is resolved without court intervention. There is no period of separation required before commencing a divorce action in New York State. Rules for Service New York State law requires that the defendant in a divorce action be personally served with the summons with notice or summons and verified complaint. To have your spouse served in any other way, you must get permission from the court, or, if your spouse has legal representation, that attorney may agree to accept service of the summons with notice or summons and verified complaint on behalf of the defendant. Religious Marriages and Divorces In certain cases, New York courts may recognise a marriage as valid even if no marriage licence or marriage certificate was issued. If the couple has a religious ceremony and genuinely intends to enter into a legal marriage, their marriage may be recognised under New York law. DRL §25 provides that a properly solemnised marriage ceremony will not be void based on the failure to obtain a marriage licence. DRL §12 requires
Process Grounds
Grounds for divorce are set forth in the New York Domestic Relations Law (NY DRL) §170(1)-(7), as follows. • Cruel and inhuman treatment (the conduct of the defendant must endanger the physi - cal or mental well-being of the plaintiff as to render it unsafe or improper for the plaintiff to cohabit with the defendant). • Abandonment (actual or constructive, for a period of one or more years). • Imprisonment (defendant incarcerated for three or more consecutive years after the marriage). • Adultery. • Living separate and apart for one or more years pursuant to a written separation agree - ment that was subscribed by the parties and acknowledged or proved in the form required for a deed to be recorded or pursuant to a decree/judgment of separation; the plaintiff must have substantially performed all the terms and conditions of the agreement or decree/judgment. • Irretrievable breakdown of the marriage for a period of at least six months, provided that one party states so under oath. (The court will not issue a Judgment of Divorce until the ancillary custodial and economic issues have been resolved.) These grounds apply to same-sex spouses, but they do not apply to civil partners. It is possible to enter into a domestic partnership; however, domestic partnerships provide limited rights and can be terminated by either partner at any time by filing a termination statement in person at the
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