What is New York’s Residency Requirement for Divorce?

What is New York’s Residency Requirement for Divorce?

Depending on the contention, the divorce process can be lengthy and complex. But before you and your spouse can even get started, you must make sure that you meet New York’s residency requirement. Once confirmed, the state court can establish jurisdiction and proceed. Follow along to learn the details of this requirement and how one of the proficient Manhattan divorce attorneys at Zimmet Law Group, P.C. can help you ensure that you fulfill it.

Do my spouse and I meet New York’s residency requirement?

Put simply, you or your spouse must be a resident of New York state to bring an Action for Divorce in the state. Notably, the required residency period depends on your marriage circumstances. They read as follows:

  • You and your spouse meet the residency requirement if either of you has continuously resided in New York state for at least two years immediately before the commencement of your divorce action.
  • You and your spouse meet the residency requirement if you were married in New York state and either of you has continuously resided in New York state for at least one year immediately before the commencement of your divorce action.
  • You and your spouse meet the residency requirement if you have resided in New York state as husband and wife and either of you has continuously resided in New York state for at least one year immediately before the commencement of your divorce action.
  • You or your spouse meet the residency requirement if you have continuously resided in New York state for at least one year immediately before the commencement of your divorce action or both of you are residents at the time the action commences.

Only when this required is satisfied can you and your spouse cite legal grounds and carry on with the proceedings.

Do I need to remain in the same home to meet the residency requirement?

You may find it uncomfortable to remain in the same residence with your spouse during your divorce proceedings. Rest assured, by New York law, you are not required to remain in the same residence to fulfill the residency requirement. You must, however, move to an in-state residence. To prove your new residence is in-state to the New York court, you must present a document that displays your address.

If you have any other questions surrounding this requirement, do not hesitate in talking to one of the talented New York City divorce attorneys at your earliest convenience.

Contact Our New York City Firm

If you require the services of an effective New York City attorney of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, or landlord-tenant law, contact Zimmet Law Group, P.C. today to schedule a consultation.

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