Residency Requirements for Divorce in New York

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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. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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