Divorce Blog

What is the Residency Requirement for Divorce in New York State?

In New York State, you must meet the residency requirement before you can file for divorce.

What is the Residency Requirement for Divorce in New York State? Infographic
Title: 4 Residency Requirements For Divorce in New York State
Either you or your spouse must be a resident of New York State to bring an Action for Divorce in NYS. The required period of residency, however, is determined by the circumstances of your marriage.
You have met the residency requirements if:
1. Two years residency…
Either you or your spouse has continuously resided in New York State for two or more years immediately before commencement of the divorce action; OR
2. Married in New York..…
You and your spouse were married in New York State and you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action; OR
3. Residing in New York…
You and your spouse have resided in New York State as husband and wife and you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action; OR
4. ‘Cause of Action’ occurred in NYS…
AND either you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action OR both you and your spouse are residents at the time the action commences.
A divorce attorney familiar with New York State statutes can assess your situation and advise whether you meet New York State’s residency requirements. Find us online: www.oalaw.com.
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