You may be wondering whether there are certain residency requirements that must be met in order to get a NY divorce.  The answer is yes.

In order to get a NY divorce, you have to meet the residency requirements first.  The residency requirements are simply different rules governing whether the NY courts have the jurisdiction, or power, to hear your case.

The residency requirements are set forth in DRL 230 and 231 and are as follows:

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.

The wording of the law is a little confusing.  Basically, in most cases, you have to have lived in New York State for at least a year or possibly two before you can get a NY divorce depending on your specific situation.

If you meet the above residency requirements or would like to know whether or not you meet the NY Divorce residency requirements, please call (866) 830-2064 to schedule a free consultation with one of our NY divorce lawyers now.

The Law Office of David Centeno, PLLC

If you just moved to New York you may be able to get a divorce.  The short answer is: “It depends…”

It all depends on whether you meet New York State’s residency requirements.

New York law (NY Dom Rel Law §230) is a little tricky when it comes to its residency requirements.  I have simplified the law in a prior post regarding New York State Divorce Residency Requirements.

Please read the above linked post for the exact details on New York’s residency requirements.  If your moving to New York falls within one of the options explained in that post, then you meet the residency requirementsand may get divorced in New York State.

If you have any further divorce related questions, our law office offers free, no obligation, consultations.  Contact us at (866) 830-2064 to claim your free initial consultation today…

One of the most common questions I am asked by clients, aside from how much is this going to cost, is am I eligible to get divorced in New York State.

New York law (NY Dom Rel Law §230) is a little tricky when it comes to its residency requirements.  I have simplified the law below.

You may file for divorce in New York State if:

1. Either you or your spouse has lived in New York state for at least two (2) years immediately leading up to the date you file for divorce OR
2. Either you or your spouse has lived in New York for at least one (1) year immediately leading up to the date you file for divorce AND:
   • your marriage took place in New York, or
   • you and your spouse lived in New York during your marriage, or
   • the cause for the “grounds” for the divorce occurred in New York OR

3. Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York.

Therefore, if you meet the above residency requirements then you may get divorced in New York State.  Our law office offers free, no obligation, divorce consultations.  Contact us at (866) 830-2064 to claim your free consultation today…