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Can I remarry after getting a divorce in New York?

Can I remarry after getting a divorce in New York?

Q: How long does a spouse have to be gone for abandonment in NY?

In New York, abandonment occurs when one spouse leaves the other without consent for at least one year. This period is necessary to establish a legal claim of abandonment in divorce proceedings. The abandoned spouse may use this as grounds for divorce under New York law, which can simplify the divorce process.

Full question:

I am divorcee residing in Cortland, New York. I would like to know if there is any hindrance on a marriage after obtaining a legal divorce.

Category: Divorce
Subcategory: Remarriage
Date: 04/07/2025
State: New York

Answer:

In New York, once a marriage has been legally dissolved by divorce, either party is free to remarry. This is stated in NY CLS Dom Rel § 8, which confirms that individuals can marry again after their previous marriage has been dissolved.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a spouse refuse to divorce in New York?

In New York, a spouse cannot prevent a divorce if the other spouse wishes to proceed. If one spouse files for divorce, the court will generally grant it, provided that the filing spouse meets the legal requirements. However, the refusing spouse can contest the divorce on specific grounds, which may delay the process but cannot ultimately stop it from happening. New York allows for both contested and uncontested divorces, depending on the circumstances.

How long does a spouse have to be gone for abandonment in NY?

What is considered abandonment in a marriage in NY?

Abandonment in New York is defined as one spouse leaving the other without consent for a continuous period of at least one year. It can also include situations where a spouse refuses to return home after separation. This legal concept is important for filing for divorce, as it can serve as grounds for the dissolution of the marriage.

How do I prove abandonment in NY?

To prove abandonment in New York, the abandoned spouse must demonstrate that the other spouse left without consent and remained absent for at least one year. Evidence can include documentation of the spouse's departure, communication records, and witness testimonies. This proof is essential when filing for divorce on the grounds of abandonment.