How Long Do You Need to Live in New York Before Filing for Divorce?

New York, like all other states, has established requirements that anyone who wishes to file for divorce in the state must fulfill for the divorce to be allowed. One example of those requirements is residency requirements — the amount of time a person or couple must have resided in the state before being able to pursue a divorce action.

You may file for divorce in New York if any of the following factors apply to your case:

• You and your spouse were married in New York and one or both of you has resided in the state for at least one year before beginning the divorce action.
• The grounds for divorce you will list in your divorce action occurred in New York and one or both of you has been a resident of the state for at least a year before beginning the divorce action.
• You and your spouse lived in New York as a married couple and one or both of you has lived in the state for at least a year before beginning the divorce action.
• One or both of you has lived in New York for at least two years immediately before starting the divorce action.
• The grounds for divorce you will list in your divorce action occurred in New York and both you and your spouse were residents of the state at the beginning of the divorce action.

If none of these circumstances apply to your situation, you will not be able to legally file for divorce in New York, as you have not satisfied the state’s residency requirements.

To learn more about these requirements and how you might move ahead with a divorce in New York, consult a dedicated Long Island family law attorney with Bryan L. Salamone & Associates.