Q&A: WHAT ARE THE RESIDENCY REQUIREMENTS FOR DIVORCE IN NEW YORK

To file for a divorce in NEW YORK one of the following residency requirements must be met:
1) The parties were married in NY State and either party was a resident of New York, having resided here continuously for one year before the action began;
2) the parties lived in NY State as husband and wife (even if they married outside the state) and either party is a resident and resided in NY State for a year immediately preceding the action;
3) The grounds for divorce occured in NY State and either party lived in NY State for a continous period of one year prior to starting the action;
4) either party is presently a resident of NY State and has resided continously in the state for at least two years prior to bringing the case.
5) The grounds for divorce occurred in New York state and both parties are NY residents at the time the action is commenced (even if they were married outside the state.)