What are the NY Divorce Residency Requirements?
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:
- 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
- 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
- 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
- The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
- 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
