Do I Have to Be a Resident of New York to File for Divorce in the State?

If you live in New York and want to file for divorce, there are certain residency requirements you must meet prior to filing. Residency refers to the requirement that, prior to the divorce, at least one spouse is a bonafide resident of New York.

What is the residency requirement to File Divorce in New York?

In New York, there are different ways in which divorcing spouses can meet the residency requirements.  A couple can meet the residence requirements if:

  • Before beginning a divorce case, you and/or your spouse lived in New York State for a minimum of 2 years, continuously;
  • Prior to filing for divorce, you and/or your spouse lived in New York State for at least one-year, the marriage took place in the State of New York, you and your spouse lived in New York as a married couple, or the grounds for your divorce happened in New York.
  • On the date the divorce commences, both spouses are residents of New York State, and the ground(s) for divorce occurred in New York State;
  • Once your divorce is filed in New York, there may not be a requirement that you and/or your spouse continue to maintain a residency in New York State.

How Can Residency Be Established?

Simply stating that you or your spouse is a resident of New York is not enough to satisfy any of the residency requirements. Rather, the spouse(s) can establish residency by getting or providing:

  • A New York driver’s license;
  • Vehicle registration with your New York address; or
  • A credit or bank account statement that includes 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.

Contact The Penichet Firm today and we will be happy to assist you in all of your family or criminal law matters.