Generally, you will not be allowed to file a divorce petition if you have not been married for at least 3 years.
The law requires you to attempt to work things out with your partner before using divorce as a solution to your problems. As such, parties are usually advised to wait out the 3 year period before seeking a divorce.
In some rare circumstances where one party of the marriage has suffered exceptional depravity or hardship, the court may allow you to file for divorce even if the length of your marriage is less than 3 years.
However, you must be able to prove and persuade the judge that he or she has suffered such depravity or hardship.
Certain extreme circumstancesmay justify an early divorce, such as:
- Extreme mental distress resulting from the marriage
- Physical or mental spousal abuse
- Unusually cruel adultery (normal adultery would not suffice)
In one case, the court found that committing adultery in the matrimonial home, while knowing the other spouse was present, was sufficiently serious to justify an early divorce.
Understanding Your Options for Divorce
If you are considering divorce but have been married for less than three years, it is crucial to understand whether your circumstances qualify as exceptional under the law. At Gloria James-Civetta & Co, our team can evaluate your situation, explain your options, and guide you through the next steps with clarity and care.
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Get a free 20-minute consultation with one of our divorce lawyers to learn more about the divorce process
Our goal is to help you find a resolution that works for you.
