New York Divorce Residency Requirements

A lot of people will ask whether or not they are allowed to get a divorce in New York State even after they have moved out of state. This is a complicated question, but the short answer is yes. New York State does have a residency requirement but this does not mean that you are out of options if you relocate to another state. For example, if your spouse has been living in New York for the last two years continuously but you have made the decision to move to New Jersey, you are permitted to start an action for divorce in New York because your spouse meets the residency requirements.

Another situation that could deem you eligible for meeting the New York State residency requirement would be if the parties were married in New York and one of the parties continues to reside in the state of New York for one year immediately preceding the commencement of divorce. In that situation, you are allowed to leave the state as long as your spouse remains for at least one year. One final way that you can meet the residency requirement is if the cause of action occurred in the state of New York and one party has been a continuous resident for one year or more immediately preceding the filing of the divorce.

So, the bottom line is that you do not necessarily still have to be a resident of the state of New York in order to get divorced here. You just have to make sure that your spouse continues to meet the requirements of New York State residency. If you have questions about whether or not you are eligible to obtain a divorce in New York State, talk to a divorce attorney who can examine your circumstances.

If you require experienced legal representation for divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.