New York Divorce: Residency Requirements To File

In order to file for divorce in New York, you are required to be a resident of the state for a certain period of time. New York's residency law is a bit complicated, so we interviewed Elliot Schlissel, a New York Attorney whose practice area includes divorce, estate planning and many others, to explain how it works.

NY residency requirements

According to Schlissel, “New York has specific residency requirements. In an action to annul a marriage, declare the nullity of a void marriage or for a divorce or separation, the following residency requirements apply:

  1. The parties would have to have been married in this state and either party would have to be a resident of New York state when the action is commenced and have been a resident for a continuous period of one year immediately preceding the initiation of the lawsuit or;
  2. The parties would have to have resided in New York state as husband and wife and either party would have to have been a New York resident when the action was commenced and also have been a New York resident for a continuous period of one year immediately preceding the initiation of the lawsuit, or;
  3. The ground for the lawsuit would have to have occurred in New York state and either the husband or the wife would have been a resident of New York state for a period of at least one year prior to the start of the lawsuit, or;
  4. The ground for the lawsuit occurred in New York and both parties are residents of New York at the time the lawsuit started, or;
  5. Either party was a resident of the state of New York for a continuous period of two years immediately preceding the commencement of the lawsuit.”

Jurisdictional requirements

In today's transient world, it's often rare that couples stay in one place for long periods of time. We asked Schlissel how the jurisdictional requirements work when a couple is married in one state, then moves to another shortly afterward and seeks a divorce. He told us that it's actually easier than most people realize, “The jurisdictional requirements would be the same as the residency requirements in order to bring a lawsuit in New York. The lawsuit could be brought in a county where either the husband or wife resided in.” Title: New York Divorce: Residency Requirements To File Description: In order to file for divorce in New York, you are required to be a resident of the state for a certain period of time. New York's residency law is a bit complicated, so we interviewed Elliot Schlissel, a New York Attorney whose practice area includes divorce, estate planning and many others, to explain how it works. New York Divorce: Residency Requirements To File

In order to file for divorce in New York, you are required to be a resident of the state for a certain period of time. New York's residency law is a bit complicated, so we interviewed Elliot Schlissel, a New York Divorce Attorney whose practice area includes divorce, estate planning and many others, to explain how it works.

NY residency requirements

According to Schlissel, “New York has specific residency requirements. In an action to annul a marriage, declare the nullity of a void marriage or for a divorce or separation, the following residency requirements apply:

  1. The parties would have to have been married in this state and either party would have to be a resident of New York state when the action is commenced and have been a resident for a continuous period of one year immediately preceding the initiation of the lawsuit or;
  2. The parties would have to have resided in New York state as husband and wife and either party would have to have been a New York resident when the action was commenced and also have been a New York resident for a continuous period of one year immediately preceding the initiation of the lawsuit, or;
  3. The ground for the lawsuit would have to have occurred in New York state and either the husband or the wife would have been a resident of New York state for a period of at least one year prior to the start of the lawsuit, or;
  4. The ground for the lawsuit occurred in New York and both parties are residents of New York at the time the lawsuit started, or;
  5. Either party was a resident of the state of New York for a continuous period of two years immediately preceding the commencement of the lawsuit.”

Jurisdictional requirements

In today's transient world, it's often rare that couples stay in one place for long periods of time. We asked Schlissel how the jurisdictional requirements work when a couple is married in one state, then moves to another shortly afterward and seeks a divorce. He told us that it's actually easier than most people realize, “The jurisdictional requirements would be the same as the residency requirements in order to bring a lawsuit in New York. The lawsuit could be brought in a county where either the husband or wife resided in.”