Divorce Litigation Bullet Guide (Part 14): Residency Requirements, No Fault, and Withdrawing a Divorce

To support his clients in dealing with a wide selection of divorce and separation issues, Mr. Shapiro frequently shares his own guidance and experiences. This includes publishing regular guides to the basics of divorce litigation, mediation, and other important elements.

This most recent snipped of the divorce litigation bullet point guide focuses on a few distinct areas from divorce litigation, including residency requirements when it comes to taking a divorce to court, the nature of a “no fault” divorce, and what the steps are for withdrawing a divorce that couples may not want to go through with.

Residency Restrictions in Divorce

Many States across America share similar rules regarding divorce litigation. However, there are enough differences in regulations, standards, and guides, that where you live may have an impact on the kind of a divorce procedure you go through. Mr. Shapiro is a divorce attorney in New York, where it’s possible to file things called “no fault” divorces. This means that clients can cite the “irretrievable breakdown” of a marriage as a reason for divorce.

• If a marriage breaks down and it is not the fault of the husband or wife, this can be grounds for a no fault divorce in New York. New York’s no fault divorce law makes it much easier to begin a divorce case in some circumstances. However, people moving to New York cannot simply apply for a no fault divorce straight away. You or your spouse need to have lived in New York for at least one or two years before applying with the court.
• If the ceremony of the marriage happened in the State of New York, then you will only need to have lived in the state for one year. One of the spouses need to have had a legal residence for at least a year before the divorce can begin. When both spouses have lived as husband and wife in New York, and one has been considered a resident of New York for at least one year before a divorce, the action can proceed under this circumstance as well.
• If the reason for the divorce took place in that state, it may be possible to reduce the 2 year waiting limit to a single year. This has happened in the case of Stancil vs Stancil. There are other residency rules that can come into play too. Residency requirements stop couples from filing for divorce in any state that will deliver the best results for their needs when there is not a substantial connection with New York.

Can a Divorce Be Discontinued?

When you move ahead with a no fault divorce, you may eventually decide that you don’t want to end the marriage after all. The rules for the New York Civil Practice Law (3217) dictate that orders from the court to withdraw is not necessary if no responsive pleading appears.

• You can begin a divorce by filing a summons with notice, and a complaint can eventually be served too, though this doesn’t have to happen straight away. If a complaint has not be drafted and served, then the inviting party could potentially withdraw the divorce request on their own, this will depend on the circumstances.
• If a complaint is served and the defendant responds, the divorce can only be withdrawn after both parties signs a stipulation and the court issues an order. If the couple choose to prepare a package for uncontested divorce with a lawyer like Mr. Shapiro, and the defendant waives the right to answer a complaint, the rules are different. A complaint served with no answer may lead to a divorce that can be withdrawn without consent.
• Attorneys like Mr. Darren Shapiro can help to make an argument that allows for a part to withdraw a divorce without the consent of the other side, however this is likely to be the case only of substantial litigation isn’t underway. Withdrawing the divorce can also not cause any unfairness to the other party. The New York court retains the right to determine whether someone should be allowed to withdraw a divorce case or not. A divorce lawyer like Mr Shapiro, however, can assist you in seeking out the right course of action to allow for your divorce to be discontinued in the right cases.

The Complexities of Divorce

It’s easy for any couple or individual to get confused when dealing with the end of a marriage, and the litigation case that can follow. Sometimes, even figuring out which state you should be applying for your divorce in can be overwhelming. Finding your resident state, particularly if you recently moved home, is sometimes a tricky process. The assistance of the right divorce attorney is important in keeping issues to a minimum.

For those interested in learning more about divorce residency requirements, what it means to get an uncontested or no-fault divorce, and whether you might be able to stop a divorce, please read through the other blogs on this website. You can also reach out to Mr. Darren M. Shapiro to discuss your own divorce issues during your initial consultation session, which is free for up to thirty minutes, and available via video call, phone call, or in-person consultation.