What are the Residency and Filing Requirements for Divorce in New York?

In New York, residency is established for purposes of filing a divorce petition if: (1) the parties were married in New York, one party is a resident of New York and has been a New York resident for at least one year; (2) the parties resided in New York as husband and wife and one party has maintained a residence in New York for at least one year; (3) the cause of the divorce arose in New York and one party has maintained a New York residence for at least one year; (4) the cause of the divorce arose in New York and both parties are residents at the time the divorce petition is filed; or (5) either party has been a resident for two continuous years at the time the petition is filed. (New York Domestic Relations Laws, Article 13 Section 230) The case should be filed in the county Supreme Court.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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