Residency Requirements for Divorce in New York

In order to file for divorce in New York there you must meet a residency requirement and have a ground for the divorce.  A residency refers to the requirement that you are a resident of New York prior to the divorce.  A ground for a divorce is a reason for the divorce that is recognized by the court.

What is The Residency Requirement to File Divorce in New York?

There are a couple of ways in which a couple can meet he residency requirement to file for divorce in New York.  Prior to filing your divorce case in New York:

  • you and/or your spouse must have lived in New York State for at least 2 years, continuously;
  • you and/or your spouse must have lived in New York State for at least one-year prior to the divorce case, AND (1) you were either married in New York State, (2) lived in New York as a married couple, or (3) the grounds for your divorce happened in New York; or
  • you and your spouse are residents of New York State on the day the divorce commenced and the reason for divorce occurred in New York State.

Once your divorce commences, however, there may not be a requirement that you or your spouse continue to live in New York State.

How Can Residency Be Established?

There are many ways in which you an establish residency in New York.  Some of those include:

  • Get a New York driver’s license;
  • Register your vehicle in New York with your New York address; and/or
  • Open credit or bank account with your New York address.

If you are in thinking about divorce, you should consult with an attorney.  Contact our firm today to speak with experienced divorce attorney.

If you need strong legal representation regarding matters of divorce, family law, and estate law, in Suffolk County, New York, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.