(1) Residency: see page 2 of the Uncontested Divorce Forms Packet Instructions.
(2) Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:
- Cruel and Inhuman treatment
- Abandonment
- Confinement in prison for 3 or more consecutive years
- Adultery
- Living separate and apart pursuant to a separation judgment or decree
- Living separate and apart pursuant to a separation agreement
- Irretrievable breakdown in the relationship for a period of at least 6 months (for divorce proceedings started on/after October 12, 2010)
For more details on grounds, see pages 3-5 of the Uncontested Divorce Forms Packet Instructions.