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Q & A

Q. What are the residence requirements for divorce in New York?

A.  To file for a divorce in New York you must satisfy one of the following residency requirements:

  1. You or your spouse must have been living in New York State for a continuous period of at least two years immediately before the date you start your divorce action; OR
  2. You or your spouse must have been living in New York State on the date you start your divorce action and for a continuous period of at least one year immediately before the date you start the divorce action, and at least one of the following must also be true:
    1. Your marriage ceremony was performed in New York State; OR
    2. You lived in New York State with your spouse as married persons; OR
  3. You or your spouse must have been living in New York State for a continuous period of at least one year immediately before the date you start your divorce action and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce); OR
  4. You and your spouse must be residents of New York State (no matter how long) on the date you start your divorce action, and your grounds for divorce must have happened in New York State. (“Grounds” means a legal reason for the divorce).

 
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