Can I Divorce My Spouse If I Live In New York State But They Do Not?

Often times, clients come to us seeking to file for an Action for Divorce in the State of New York, but their spouse does not live in the State of New York. Clients can file for an Actin for Divorce in the State of New York as lng as they can satisfy the requirements as set forth in the Domestic Relations law in New York State has a number of requirements that must be fulfilled in order to file for divorce when your spouse lives in another state.

Those requirements include, one, that the parties were married in the State of New York, and either party resided in the State of new York for a period of more than one year. The second requirement in this situation is that the cause of action arose in the State of New York, and either party was a resident of the State of New York for a period of one year or more. The third requirement to get a divorce from your spouse that lives out of state is that the parties resided in the State of New York at the time of the commencement of the action.

The fourth requirement that falls under the Domestic Relations law is that the cause of action arose, and both parties were residents in the State of New York at the time the action was filed. Five, that either party has resided in the State of New York for a period or more of at least two years Prior to the commencement of their action for divorce.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.