When considering divorce, couples often inquire whether they can pursue dissolution of marriage in a state different from where the marriage was solemnized. This blog delves into this frequently asked question. If you are contemplating divorce proceedings in New York, it’s advisable to consult a dedicated Suffolk County Divorce Attorney, who can guide you during this difficult period.

What Are the Residency Requirements to File for Divorce in New York?

Nationwide, states impose stringent divorce residency prerequisites. This refers to the minimum duration of time an individual or their spouse must have resided in a particular state to be eligible to pursue a divorce within that jurisdiction. Residency requirements are enforced to mitigate “forum shopping,” a practice wherein individuals attempt to file for divorce in a state with perceived legal advantages, even if they possess minimal or no connection to the state.

To file for divorce in New York, at least one of the following must be met:

  • One or both parties resided in the state without interruption for at least two years.
  • One spouse has been a continuous resident of the state for at least one year before filing, and the couple either got married in New York, lived in the state as a married couple, or the ground for the divorce happened in New York.

Satisfying the residency requirements ensures that the court possesses the requisite legal authority to adjudicate the divorce case and render decisions concerning property division, alimony, and child custody.

It’s pertinent to note that for military personnel, residency requirements are typically more lenient. Military members are generally permitted to file for divorce in the state where they are stationed, where they claim legal residency, or where their spouse presently resides.

Is It Possible to Get Divorced in a Different State Than You Were Married?

You can obtain a divorce in a state different from that in which the marriage ceremony took place. However, at least one of the spouses must fulfill the residency requirements of the state where the petition for dissolution of marriage is being submitted. The geographical location of the marriage is immaterial, as the divorce proceedings are governed by the statutes of the state in which the divorce is filed.

The legal framework of the state in which one files can significantly influence the outcome of the case. Filing in the state of residence for either party can mitigate travel expenses and logistical complexities, thereby enhancing convenience. A qualified attorney can provide counsel regarding the strategic benefits that particular state laws may present, contingent upon one’s unique circumstances.

For more information, please don’t hesitate to contact an attorney at the Law Offices of Susan A. Kassel, P.C.