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
I can see how something as fundamentally simple as a residency requirement could still trip people up. It must be difficult filing for divorce if you live in one place, but don’t meet the residency requirement. Is your only option to go back to your original place of residence and file? That sounds awfully burdensome. I suppose you could just wait it out.
Divorce is really devastating already and you still need the requirements. How stressful indeed.
I hate hearing about divorce. It’s requirements are cruel, and I agree to John. Divorce is devastating.
It seems somewhat vague that the law would “suggest” you live in NY “for at least a year or possibly two”. It appears this would be highly confusing to many people looking to begin the process of seeking a NY divorce.
The residency requirements are really complicated. What if one of the couple would decide to go to the other States and comes back after a year. Would it be possible to contuse the planned divorce? Or he/she has to stay another year to meet the requirements?
Really an awesome post to see! I am thankful to you for letting us know about the NY divorce residency requirements, that can be helpful for any of us.