The Residency Requirement In New York, specific to file for New York Residency Requirements for Divorce. These ensure the state has jurisdiction over the case and prevent forum shopping.
The Two Options New York Domestic Relations Law outlines two primary residency requirements:
Option 1: Continuous Two-Year Residency
One spouse must have resided in New York State continuously for at least two years immediately before filing for divorce.
Option 2: Continuous One-Year Residency Plus Additional Requirement
One spouse must have resided in New York State continuously for at least one year immediately before filing, and one of the following must apply: a) The couple married in New York State. b) The couple lived in New York State as a married couple. c) The grounds for divorce occurred in New York State.
Whose Residency Counts?
The residency requirement is based on the individual spouse's residency, not joint residency.
If one spouse meets the requirement and the other doesn't, the case can still proceed in New York.
Defining Residency
Simply being physically present in New York isn't enough to establish residency.
The spouse must demonstrate intent to make New York their permanent home, shown by factors like:
Having a permanent living situation
Employment
Paying taxes
Registering to vote
Holding a New York driver's license
Venue for Filing
If both spouses meet the residency period, the action can be filed where either spouse resides.
If only one spouse meets it, the action must be filed where that spouse resides.
Temporary Absences
Brief absences from New York for work, vacation, etc. don't interrupt continuous residency.
But prolonged absences with intent to establish residency elsewhere may affect the requirement.
Additional Requirements
Besides residency, other requirements must be met to file, including:
Grounds for divorce
Financial disclosures
Divorce education program compliance
Seek Legal Guidance
If you're unsure about meeting the residency rules or have other divorce process questions, consult an experienced New York family law attorney.
They can review your situation, advise on the best approach, and ensure all requirements are properly met.
The residency rules establish jurisdiction and a fair legal process. Meeting them allows you to navigate divorce smoothly while protecting your rights.
