 New York Residency Requirements
The state of New York has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The New York residency requirements are as follows:
An action for divorce or
separation may be maintained only when:
A. The parties were married in the state and either party is a
resident thereof when the action is commenced and has been a resident
for a continuous period of one year immediately preceding, or
B. The parties have resided in this state as husband and wife and
either party is a resident thereof when the action is commenced and has
been a resident for a continuous period of one year immediately
preceding, or
C. The cause occurred in the state and either party has been a
resident thereof for a continuous period of at least one year
immediately preceding the commencement of the action, or
D. The cause occurred in the state and both parties are residents
thereof at the time of the commencement of the action, or
E. Either party has been a resident of the state for a continuous
period of at least two years immediately preceding the commencement of
the action. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 230 and 231)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in New York for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the New York residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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