What is the Residency Requirement for Divorce in New York State?
In New York State, you must meet the residency requirement before you can file for divorce.
Either you or your spouse must be a resident of New York State to bring an Action for Divorce in NYS The required period of residency however is determined by the circumstances of your marriage
You have met the residency requirements if
1 Two years residency
Either you or your spouse has continuously resided in New York State for two or more years immediately before commencement of the divorce action OR
2 Married in New York
You and your spouse were married in New York State and you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action OR
3 Residing in New York
You and your spouse have resided in New York State as husband and wife and you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action OR
4 Cause of Action occurred in NYS
AND either you or your spouse has been a resident of New York State for at least one continuous year immediately before commencement of the divorce action OR both you and your spouse are residents at the time the action commences
A divorce attorney familiar with New York State statutes can assess your situation and advise whether you meet New York States residency requirements Find us online wwwoalawcom
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