Do I Meet New York’s Residency Requirement for Divorce?

Do I Meet New York’s Residency Requirement for Divorce?

Depending on how contested the separation may be, the process of divorce can be complicated and lengthy. But before you can even file, let alone receive your Judgement of Divorce from a state court, you must ensure that you and/or your spouse meet the residency requirement for divorce in New York. This is so the court can establish jurisdiction. Read on to learn more about this requirement and how a seasoned Long Island divorce attorney at The Pollack Law Firm, P.C. can guide you through this.

Do my spouse and I fulfill the residency requirement for divorce in New York state?

As alluded to above, you and/or your spouse must be considered a resident of New York state to bring an Action for Divorce in the state. With that being said, the required residency period depends on your marriage circumstances, which read as follows:

  • You and your spouse fulfill 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 fulfill 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 fulfill 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 fulfill 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.

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

With your separation as spouses, it is understandable that you want a separation of your residencies during your divorce proceedings. Rest assured, New York law does not require you to remain at the same address to fulfill their residency requirements. This is so long as you move to any location within the state, which can be proven with any document displaying your new address.

If you require further information on these requirements, do not hesitate in consulting with a competent Nassau County divorce attorney as soon as you can.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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