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Can A Judge Refuse Your Divorce From Taking Place

New York is now a “no fault” divorce case.  Therefore, the only time that a Judge could refuse to grant you a divorce is if you do not meet the basic facts of granting a divorce in New York (what are called jurisdictional issues).

In order to get divorced in New York, you need to satisfy the following facts – at the time that you file for a divorce:

  • Either you OR your spouse have lived in New York State for at least two years immediately prior to filing for divorce; OR
  • Both you AND your spouse have lived in New York State for at least six months and the marriage has been for at least six months; OR
  • Either you OR your spouse has lived in New York for at least one year immediately prior to filing for divorce. Additionally, you were married in New York, you both lived in New York during your marriage or the grounds for divorce occurred in New York (see below).

Therefore, if you satisfy the above, then the Judge must – eventually – grant you a divorce.  If you do not satisfy the above, the Judge can refuse to hear your divorce matter and you may have to file in a different State to get a divorce.

David Badanes, Esq. and the Badanes Law Office, P.C. have represented countless clients in their divorce and gives real world advice to their clients.  If you are seeking a divorce, contact David Badanes and the Badanes Law Office, P.C.

Call 631-239-1702 or email david@dbnylaw.com or contact us online to schedule your free divorce consultation.  The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale).

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David Badanes