Residency Requirements for Divorce: New York
New York has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the New York residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
New York Filing Requirements: In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
Required residence of parties. An action to annul a marriage,
or to declare the nullity of a void marriage, or for divorce or
separation may be maintained only when:
1. The parties were married in the state and either party is a
resident thereof when the action is commenced and has been a resident
for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and
either party is a resident thereof when the action is commenced and has
been a resident for a continuous period of one year immediately
preceding, or
3. The cause occurred in the state and either party has been a
resident thereof for a continuous period of at least one year
immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents
thereof at the time of the commencement of the action, 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 action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in New York for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for New York.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your New York Divorce Today (5 Great Options!)
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- Read More About New York Divorce Laws
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