Can One Party Stop A Divorce in New York?

New York is now a no-fault divorce State. This means that you do not have to show any fault in obtaining a divorce. Therefore, except for very limited reasons, once a divorce is commenced in New York, you will not be able to “stop” a divorce from happening in New York.

When can you stop a divorce? Here are some of the situations where you could stop a divorce in New York:

1. Someone started a divorce process in another State, before the divorce was started in New York. If one party started a divorce process in another State, before the New York Divorce case was started, then the rule is ‘first come, first served.” You can ask the New York Court to dismiss the New York divorce, so that the other State can process its divorce case first.

2. Neither party is a resident of New York or has only been a resident for a short time. In order to qualify to start a divorce in New York, you have to satisfy the residency requirements of New York State. They are:

a. Either party has lived in New York State for 2 continuous years (at the time the divorce was started);
b. You were married in New York, and either party has lived in New York State for 1 year immediately preceding the start of the divorce; or
c. Either party has lived in New York State for 1 year immediately preceding the start of the divorce and the parties have resided in New York as a married couple.

If you do not meet the above requirements, then you can ask the Court to dismiss the New York divorce.

As you can see, in most cases, you will not be able to stop a divorce. However, if you are involved in a divorce, you want to make sure that your rights are protected.

David Badanes, Esq. and the Badanes Law Office, P.C. have helped hundreds and hundreds of clients in their divorce. If you have been served divorce papers, then call David Badanes and the Badanes Law Office, P.C. at 631-239-1702 or email at david@dbnylaw.com.

The Badanes Law Office has offices on Long Island, New York in Northport and Uniondale.

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