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Residency Requirements for Divorce

The rules for divorce are governed by state law, and therefore they vary from state to state. In New York, the controlling divorce law is known as the Domestic Relations Law.

Like virtually all other states in the country, New York maintains certain residency requirements in order to be eligible to file for divorce within the state. Requiring a period of residence for divorce actions ensures that individuals will not "shop around" for a state with more advantageous divorce laws, or use the courts of a state to obtain a "quickie divorce" without having established any real connection with the state.

New York's residency requirements for filing for divorce are relatively strict compared to many other states. The length of residency required in order to obtain a divorce varies depending upon the circumstances.

There are five ways to fulfill the residency requirement of New York:

  1. The parties were married in New York, and either party is a New York resident when the divorce is commenced and has been a resident of New York for at least one year immediately preceding the commencement of the divorce;
  2. The parties resided in New York State as husband and wife, and either party is a resident thereof when the action is commenced and has been a resident of New York for at least one year immediately preceding the commencement of the divorce;
  3. Both parties reside in New York State at the time of the commencement of the divorce, and the grounds for divorce occurred within New York;
  4. The grounds for divorce occurred within New York, and either party has been a resident of New York for at least one year immediately preceding the commencement of the divorce; or
  5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the divorce.

If any of the above five requirements are fulfilled, then either party may file for divorce in New York; not just the party meeting the residency requirement.

For more information about New York State residency requirements for filing for divorce, or any other Domestic Relations or Family Law matter, please contact our office to speak directly with an attorney.

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